Kenneth Miles and Michon Snow Tesar - Page 12

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          to the continuation of his employment are deductible.  Noland v.            
          Commissioner, 269 F.2d 108, 111 (4th Cir. 1959), affg. T.C. Memo.           
          1958-60.  Education expenses are considered ordinary and                    
          necessary business expenses if the education maintains or                   
          improves skills required by the taxpayer in his employment, or              
          meets the express requirements of an employer, imposed as a                 
          condition for the taxpayer's continued employment, status, or               
          rate of compensation.  Sec. 1.162-5(a), Income Tax Regs.                    
          Personal expenses are not deductible.  Sec. 262.                            
               Petitioner has not established through his testimony or by             
          other evidence that the purchase and use of the comic books                 
          maintained or improved his skills required as a high school                 
          teacher.  Nor is there any evidence that the expenses were                  
          incurred to meet the express requirements of the school.  Thus,             
          the costs of the comic books are not deductible as education                
          expenses.                                                                   
               In addition, we are not persuaded that the expenses were               
          ordinary or necessary in petitioner's trade or business of                  
          earning pay as a school teacher.  Although petitioner believed              
          that he was required to sponsor an extracurricular activity as a            
          condition of his continued employment, it does not necessarily              
          follow that the expenses he incurred in doing so were ordinary              
          and necessary.  The comic books may have been helpful to the club           
          members, but petitioner has not established that they were                  





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