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Birnbaum v. Commissioner of Internal Revenue

February 9, 1973

MICHAEL D. BIRNBAUM AND ROCHELLE W. BIRNBAUM, APPELLANTS
v.
COMMISSIONER OF INTERNAL REVENUE, APPELLEE.



Author: Gibbons

Before MCLAUGHLIN, GIBBONS, Circuit Judges, and WEIS, District Judge.

Judgment Order

GIBBONS, Circuit Judge: The decision of the Tax Court rejecting appellants' contention that payments received from Albert Einstein Medical Center in the tax year 1968 were fellowship grants within section 117 of the Internal Revenue Code of 1954, is supported by substantial evidence in the record.

It is ORDERED and ADJUDGED that the order of the Tax Court is affirmed.Costs taxes to the appellee.

19730209

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