James M. and Mary N. Gorski - Page 9

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          one was not required for her enrollment or attendance at Miami              
          University and is not a qualified higher education expense for              
          purposes of section 72(t)(2)(E).                                            
               2.   Housewares, Appliances, Furniture, and Bedding                    
               Petitioners argue that expenses of $504.12 for housewares,             
          appliances, and furniture and $195.18 for bedding are qualified             
          higher education expenses.  Petitioners did not specifically                
          address these items at trial, and from the record it does not               
          appear that any of these items were required by Miami University            
          for Kathleen’s enrollment.  These expenses are not qualified                
          higher education expenses for purposes of section 72(t)(2)(E).              
               3.   Books                                                             
               Books required for the enrollment or attendance in a course            
          at an eligible educational institution are qualified higher                 
          education expenses under section 529(e)(3).  Petitioners claim              
          that they spent $400 of the IRA distribution on books for                   
          Kathleen in 2001.  Petitioners have not substantiated this                  
          expense as having been incurred and paid in 2001, or that the               
          books purchased were required for Kathleen’s enrollment or                  
          attendance in courses.  Therefore, the claimed $400 expense for             
          books is not a qualified higher education expense.                          











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