Herbert J. Meeks and Paula J. Meeks - Page 8

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            duties and activities were required of Herbert as a sergeant                                
            instructor, but the title of the position itself suggests that                              
            the primary duty would be instructing students at the academy.                              
            Thus, we find that the duties and activities of a correctional                              
            officer and a sergeant instructor are significantly different.                              
                  Upon completing the courses, Herbert met the 2-year college                           
            education requirement of the instructor position.  We find that                             
            these courses qualified Herbert for the duties and activities of                            
            a sergeant instructor.  Accordingly, we conclude that the                                   
            education qualified Herbert for a new trade or business and                                 
            sustain respondent's disallowance of the education expenses under                           
            section 162.                                                                                
            Job-Seeking and Tax Return Preparation Expenses                                             
                  Petitioners also claimed deductions for miscellaneous                                 
            expenses incurred in job seeking and for tax return preparation.                            
            Petitioners have presented no evidence to support the claimed                               
            job-seeking expenses or the tax preparation fee.  We cannot be                              
            sure that petitioners intended to abandon these issues, but in                              
            any case we sustain respondent's disallowance of these deductions                           
            as petitioners have not met their burden of proof on these                                  
            matters.                                                                                    
            Trade or Business Expenses                                                                  
                  As we stated earlier, section 162(a) allows a deduction for                           
            all ordinary and necessary expenses incurred during the taxable                             
            year in carrying on a trade or business.  An employee's trade or                            



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