William K. Rundell, Jr., and Shirley A. Rundell v. Commissioner of Internal Revenue

Fifth Circuit

William K. Rundell, Jr., and Shirley A. Rundell v. Commissioner of Internal Revenue

455 F.2d 639, 29 A.F.T.R.2d (RIA) 624, 1972 U.S. App. LEXIS 11151

Court of Appeals for the Fifth Circuit·Decided February 23, 1972·No. 71-2858·Published·Cited by 15 cases

Opinion

PER CURIAM:

The issue in this case is whether amounts paid the taxpayer by a hospital while he was a resident were excludable from income as a fellowship grant under § 117 of the Internal Revenue Code of 1954. The Tax Court held that the payments were not excludable, P-H Memo T.C., par. 71,040 (1971), and we affirm upon the findings and opinion of the Tax Court.

We see no substantial basis for disturbing the finding that the payments to the resident were compensation for services rendered rather than an educational grant, Bingler v. Johnson, 1969, 394 U.S. '¡41, 89 S.Ct. 1439, 22 L.Ed.2d 695; Reese v. Commissioner of Internal Revenue, 4 Cir., 1967, 373 F.2d 742.

Affirmed.

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PER CURIAM:

The issue in this case is whether amounts paid the taxpayer by a hospital while he was a resident were excludable from income as a fellowship grant under § 117 of the Internal Revenue Code of 1954. The Tax Court held that the payments were not excludable, P-H Memo T.C., par. 71,040 (1971), and we affirm upon the findings and opinion of the Tax Court.

We see no substantial basis for disturbing the finding that the payments to the resident were compensation for services rendered rather than an educational grant, Bingler v. Johnson, 1969, 394 U.S. '¡41, 89 S.Ct. 1439, 22 L.Ed.2d 695; Reese v. Commissioner of Internal Revenue, 4 Cir., 1967, 373 F.2d 742.

Affirmed.

William K. Rundell, Jr., and Shirley A. Rundell v. Commissioner of Internal Revenue, 455 F.2d 639, 29 A.F.T.R.2d (RIA) 624, 1972 U.S. App. LEXIS 11151 (5th Cir. 1972).

Pincite

455 F.2d 639 (William K. Rundell, Jr., and Shirley A. Rundell v. Commissioner of Internal Revenue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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