- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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