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A Practical Guide to Assist Hospitals and Physicians Obtain Fellowship Tax Exclusion
Published online by Cambridge University Press: 01 January 2021
Extract
This article concerns the exclusion from taxable income of scholarship and fellowship grants received by residents and research assistants under Section 117 of the Internal Revenue Code. As is often the case, frequent litigation has resulted in confusion, and it has become difficult for the individual physician or institution to determine the extent and scope of exclusions that are possibly available.
The enactment of Section 117 in 1954 was intended by Congress to provide an exclusion from taxable income to students for all scholarship and fellowship income received. However, the courts, which had to interpret the intended meaning of “scholarship” and “fellowship” income, developed three often inconclusive and contradictory tests — the primary purpose, compensation, and control tests. 1969, the United States Supreme Court, in the case of Bingler v. Johnson, synthesized these three tests into a single standard, the quid pro quo test. The Court held that the meaning of “scholarship” and “fellowship” intended by Congress comported with the ordinary understanding of the terms, that is, as relatively disinterested, “no-strings” educational grants, with no requirement of any substantial quid pro quo from the recipient.
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- Copyright © American Society of Law, Medicine and Ethics 1978