Merrell and Francine Vannier - Page 8

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               We have repeatedly held that a taxpayer may not deduct fees            
          paid and costs incurred to gain admission to a State bar under              
          section 162(a).  Sharon v. Commissioner, 66 T.C. 515, 527 (1976),           
          affd. per curiam 591 F.2d 1273 (9th Cir. 1978); Ryman v.                    
          Commissioner, 51 T.C. 799, 801-803 (1969).  We have based our               
          holding, in part, on the rationale that since a taxpayer could              
          reasonably expect the useful life of a license to extend beyond 1           
          year (i.e., indefinitely), the cost of such license is a non-               
          deductible capital expenditure.  Moreover, educational                      
          expenditures that are paid or incurred to meet the minimum                  
          educational requirements for qualification in a taxpayer’s trade            
          or business or which qualify the taxpayer for a new trade or                
          business are “personal expenditures or constitute an inseparable            
          aggregate of personal and capital expenditures and, therefore,              
          are not deductible as ordinary and necessary business expenses”.            
          Sec. 1.162-5(b), Income Tax Regs.  Likewise, the regulations                
          under section 212 specifically prohibit the deductibility of “bar           
          examination fees and other expenses paid or incurred in securing            
          admission to the bar”.  Sec. 1.212-1(f), Income Tax Regs.                   
               On the other hand, legal expenses are deductible under                 
          section 162(a) as ordinary and necessary business expenses if the           
          litigation is directly connected with or proximately related to             
          the taxpayer’s business.  Bingham’s Trust v. Commissioner, 325              
          U.S. 365, 373-374 (1945); Rafter v. Commissioner, 60 T.C. 1, 8              





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