- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011