- 8 - Petitioner asserts that the cost of the Big League Sales Course and associated expenditures were deductible as ordinary and necessary business expenses pursuant to section 162. Respondent contends that the course cost and the associated expenses were personal expenses and not ordinary and necessary business expenses and, therefore, were not deductible pursuant to section 262. Section 162 allows a deduction for "all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business". Certain expenditures made by an individual for education are deductible as ordinary and necessary business expenses if the expenditure: (1) Maintains or improves skills required by the individual in his employment or other trade or business, or (2) Meets the express requirements of the individual's employer, or other requirements of applicable law or regulations, imposed as a condition to the retention by the individual of an established employment relationship, status, or rate of compensation. [Sec. 1.162-5(a), Income Tax Regs.] Petitioner's participation in a sales course may have maintained or improved the skills required of him in his occupation as a salesman. The expenditure for such coursework, however, must still be ordinary and necessary in order to be deductible. Sec. 162(a). "Ordinary" has been defined as that which is "normal, usual, or customary" in the taxpayer's particular trade or business.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011