Herbert F. and Lois A. Hewett - Page 6

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          required by an individual in his or her employment.  Sec. 1.162-            
          5(a)(1), Income Tax Regs.  They are not deductible, however, if             
          the education is undertaken either to meet the minimum                      
          requirements for that trade or business or to qualify for a new             
          trade or business.  Sec. 1.162-5(b)(2) and (3), Income Tax Regs.            
               Respondent does not dispute the amounts claimed as expenses            
          by petitioners.  Rather, respondent asserts that petitioner's               
          educational expenses led to petitioner's qualification for a new            
          trade or business and thus are nondeductible.  Petitioners                  
          contend that petitioner's coursework did not qualify her for a              
          new trade or business.  Petitioners' argument, briefly stated, is           
          that petitioner's trade or business is the field of music, and              
          that music therapy is a specialization within that field.                   
          Consequently, petitioner's educational expenses are for                     
          additional specialization or improvement of those skills, and are           
          thus deductible under section 162.                                          
               It is well established that we must employ objective                   
          standards in applying section 1.162-5(b)(3), Income Tax Regs.               
          Bodley v. Commissioner, 56 T.C. 1357, 1360 (1971).  In evaluating           
          whether the "new trade or business" exception applies, this Court           
          uses a common sense approach.  We compare the types of tasks and            
          activities the taxpayer was qualified to perform before she                 
          acquired the education at issue and those she is qualified to               
          perform afterwards.  If substantial differences exist in the                
          tasks and activities of the various occupations or employments,             




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