- 12 - 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 werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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