Jon R. Ecker - Page 9




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               Thus, we find that petitioner was not established in the               
          trade or business of piloting fixed-wing aircraft prior to                  
          incurring the expense of new-hire training and therefore is not             
          eligible for an education expense deduction.                                
          Unreimbursed Business Expense                                               
               Section 162, of course, allows the deduction of business               
          expenses other than education expenses.  Generally, a taxpayer is           
          entitled to deduct from gross income ordinary and necessary                 
          business expenses that are directly connected with or pertain to            
          the taxpayer’s trade or business.  Sec. 1.162-1(a), Income Tax              
          Regs.  An individual may engage in the trade or business of being           
          an employee.  Gapikia v. Commissioner, T.C. Memo. 2001-83.  Trade           
          or business expense deductions are allowed for those taxpayers              
          who are not reimbursed for expenses incurred because of their               
          employment.  Primuth v. Commissioner, 54 T.C. 374, 377 (1970).              
          If, as a condition of employment, an employee is required to                
          incur unreimbursed expenses, the employee is entitled to a                  
          deduction for those expenses.  Fountain v. Commissioner, 59 T.C.            
          696, 708 (1973); Spielbauer v. Commissioner, T.C. Memo. 1998-80;            
          Scalley v. Commissioner, T.C. Memo. 1992-123.                               
               During 1996, and upon commencing training, petitioner was an           
          employee of CE.  CE required petitioner, as well as all other               
          newly hired pilots as a condition of employment to attend and pay           
          for new-hire training.  CE had two purposes for its new-hire                






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