- 14 - In Malek v. Commissioner, T.C. Memo. 1985-428, this Court held that the taxpayer, who was employed in an administrative position with duties very similar to those of Mrs. Zeidler with Ladish, and who obtained a Bachelor of Science degree from Alverno College in professional communications, had, by virtue of the educational courses, qualified for a new trade or business. The Court holds, therefore, that the educational expenses incurred by petitioners in the instant cases qualified Mrs. Zeidler for a new trade or business. Respondent, accordingly, is sustained on this issue. On their Federal income tax returns for 1990 and 1991, petitioners reported on Schedule E, Supplemental Income and Loss, gross receipts and expenses relating to two residential real estate properties owned by petitioners. For 1992, petitioners conveyed one of the properties to a corporation wholly owned by them, JMZ Management, Inc. The corporation qualified as an S corporation under section 1361, and the loss sustained by that corporation was reported by petitioners on their 1992 individual tax return. In the notices of deficiency, respondent disallowed expenses attributable to one of the rental properties for the 3 years in question under section 280A(a) for the reason that petitioners had used the questioned property for personal purposes during each of the 3 years in question for periods in excess of thosePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011