Dean W. Schulze and Lynn M. Schulze - Page 12

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                scholarship and promise as researchers, who do part-                         
                time research as a portion of their training under the                       
                direct supervision of regular faculty members.                               
                Although a condition precedent to being appointed as a                       
          research assistant or associate is that one be a graduate                          
          student, the tuition paid is obviously for the purpose of                          
          registering as a student in the graduate program.  Tuition is, by                  
          definition, the price of or payment for instruction.  Webster's                    
          Third New International Dictionary, 2461 (1971).                                   
                Section 162 allows as a deduction all the ordinary and                       
          necessary expenses, including education expenses, paid or                          
          incurred during the taxable year in carrying on any trade or                       
          business.  See sec. 1.162-5, Income Tax Regs.  Whether a taxpayer                  
          is carrying on a trade or business is a question of fact.                          
                To be engaged in a trade or business, the taxpayer must be                   
          involved in the activity with continuity and regularity, and the                   
          taxpayer's primary purpose for engaging in the activity must be                    
          for income or profit.  Commissioner v. Groetzinger, 480 U.S. 23,                   
          35 (1987).                                                                         
                Petitioner matriculated in the graduate school of the                        
          University, first in the fall of 1985, as a candidate for a                        
          Master of Science in physics and then, in the spring of 1988, as                   
          a candidate for a Ph.D. in physics.  It appears from the record                    
          that petitioner was a full-time student from the fall of 1985                      
          through the summer of 1995, when he left the University.                           






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