John H. Hudgens III - Page 5

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          respectively.  In the notice of deficiency respondent, among                
          other things, disallowed the educational expense deductions.                
                                       OPINION                                        
               Section 162(a) allows a deduction for all the ordinary and             
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  Personal expenses are not               
          deductible.  Sec. 262(a).  Expenses for education may be                    
          deductible as expenses of a trade or business if certain                    
          requirements set forth in the regulations are met.3  See sec.               
          1.162-5, Income Tax Regs.  As a threshold matter, the statute               
          requires that a taxpayer incur the educational expenses in                  
          "carrying on" a trade or business.  Sec. 162(a).                            
               Whether a taxpayer is engaged in a trade or business and the           
          nature of that trade or business are questions of fact.  Ford v.            
          Commissioner, 56 T.C. 1300, 1307 (1971), affd. 487 F.2d 1025 (9th           
          Cir. 1973).  A taxpayer may be in the trade or business of being            
          an employee.  Primuth v. Commissioner, 54 T.C. 374, 377 (1970).             
          The temporary cessation of a trade or business does not preclude            
          a finding that a taxpayer was carrying on that trade or business            
          during the period of cessation.  Haft v. Commissioner, 40 T.C. 2,           
          6 (1963).  Thus, even an unemployed taxpayer may be considered to           
          be carrying on a trade or business if the taxpayer was previously           


          3   Respondent does not contend that petitioner fails to satisfy            
          the limitations set forth in the regulations concerning the                 
          deduction of costs for entry-level or upward-bound education.               
          See sec. 1.162-5(b), Income Tax Regs.                                       


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