Claudia J. Dunn - Page 6




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          to January 2002.  The following transactions had invoice dates in           
          1998:                                                                       
           Payment    Method of payment     Invoice date     Payment date             
          $50.00           Check             9/11/1998        9/10/1998               
          45.00            Check             9/11/1998      9/10/1998                 
          80.27            Check             9/23/1998      9/23/1998                 
          1,038.00         EFT1              9/30/1998      1/25/1999                 
          86.20            Check             11/10/1998       11/10/1998              
          1,038.00         EFT               11/11/1998        1/25/1999              
          Petitioner made four payments to the University of Phoenix in               
          1998 totaling $261.47.  Petitioner also made two payments to the            
          University of Phoenix in 1999 for expenses that were incurred in            
          1998.  The latter two expenses cannot be treated as qualified               
          higher education expenses for 1998.  Petitioner, as a cash method           
          taxpayer, is not entitled to accrue expenses.  Under the cash               
          receipts and disbursements method of accounting “Expenditures are           
          to be deducted for the taxable year in which actually made”.                
          Sec. 1.446-1(c)(1)(i), Income Tax Regs.; see secs. 446, 461; sec.           
          1.461-1(a)(1), Income Tax Regs.  Petitioner’s higher education              
          expenses for 1998 are limited to the qualified higher education             
          expenses that she actually paid during 1998.  Accordingly, only             
          $261.47 of petitioner’s payments to the University of Phoenix               
          qualify as qualified higher education expenses for 1998.                    
               Petitioner mentioned that her daughter was a student.  But             
          petitioner provided no information to indicate the amount of any            
          expenses she may have incurred for the education of her daughter            


               1 Electronic funds transfer.                                           





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