Jon R. Ecker - Page 6




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                                     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, or                                                           






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