SMU Section F wrote:Water Pony wrote:Do these employees need to file these benefits on their tax returns?
My understanding is that
currently (and subject to change), scholarships are still considered grants in this argument. The claim that they are employees stems more from the nature of their required activities and other (non-cash) benefits received.
I believe to change the scholarships from grants to income in the eyes of the IRS would require action by the federal government unrelated to, albeit possibly inspired by, any actions of the athletes' union.
Here is an update including some legal precedent. It basically says that if your scholarship is tied to "employment services" which these likely would be classified as, then it becomes taxable. Additionally, it could apply not only to the scholarship but the value of any other compensation, such as medical benefits or training facility access.
The 45-year-old case is Bingler v. Johnson and focuses on Richard Johnson, who received a scholarship to go back to school by his employer, Westinghouse, based on the condition that he returned to the company. Johnson argued that the scholarship money was not taxable, but the IRS successfully countered and prevailed all the way up to the Supreme Court, maintaining that any amount related to employment services were not exempt. The ruling specifically mentions that compensation that is bargained for, which is what the Northwestern players would be seeking to do by forming a union, is excluded from scholarship funds and is to be reported as income.
I think the only certainty now is that some lawyers are going to be made very wealthy by all of this.