Wijsman v. Commissioner
United States Tax Court
Held: That sec. 117(b)(2)(B), I.R.C. 1954, limits the exclusion from gross income of amounts received as a fellowship grant to 36 months of entitlement to such exclusion, whether claimed or not, and regulations sec. 1.117-2(b)(2) and (3) properly so interprets such section. Petitioner here has failed to negative 36 months of such entitlement prior to the year in issue.
1Opinion of the Court
OPINION
Petitioner seeks to exclude from gross income in 1964 $1,500 which he received from the fund of NSF grant NSF-G21507. He contends that the amount constituted an excludable fellowship grant within the meaning of section 117.1
Petitioner, who was not a candidate for a degree in 1964, must prove essentially three propositions in order to comply with the requirements of section 117.2 He must first show that the amounts he received under NSF-G21507 constituted a “fellowship grant” within the meaning of section 117(a) (2) and the regulations thereunder. Then he must show that the grantor of…
2Cases cited1 opinion
- Proskey v. CommissionerUnited States Tax Court · 1969
3Cited by2 opinions
- Chang v. United StatesUnited States Court of Claims · 1982
- Wijsman v. CommissionerUnited States Tax Court · 1970