- 5 - Discussion Education Expense Deduction Petitioner invites us to reach our decision by determining whether the FAA or the employer is the proper source to establish “minimum educational requirements” for a pilot’s position. Because we find that petitioner was not established in the trade or business of being a pilot prior to beginning CE’s training, we need not reach the issue urged by counsel. Section 162(a) allows a deduction for all ordinary and necessary expenses paid or incurred by a taxpayer in carrying on any trade or business. Section 262, however, expressly provides that no deduction is allowable for personal, living, or family expenses. Section 1.262-1(b)(9), Income Tax Regs., provides that expenditures made by a taxpayer in obtaining an education or in furthering his education are not deductible unless they qualify under section 162 and section 1.162-5, Income Tax Regs. Section 1.162-5(a), Income Tax Regs., sets forth objective criteria for deciding whether an education expense is a business, as opposed to a personal, expense. This regulation provides, with certain exceptions not relevant here, that education expenses are deductible business expenses if the education-- (1) Maintains or improves skills required by the individual in his employment or other trade or business, orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011