Stephen and Sara Galligan - Page 4




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          1.162-5, Income Tax Regs., sets forth the guidelines for                    
          determining those educational expenses incident to a taxpayer’s             
          trade or business which are deductible.  Educational expenses may           
          be considered ordinary and necessary business expenses if the               
          education maintains or improves skills required by the taxpayer             
          in his employment or meets the express requirements of an                   
          employer imposed as a condition for the taxpayer’s continued                
          employment, status, or rate of compensation.  Sec. 1.162-5(a),              
          Income Tax Regs.                                                            
               Educational expenses, however, are not deductible if they              
          are made by an individual for education which is part of a                  
          program of study being pursued by her which will lead to                    
          qualifying her in a new trade or business.  Sec. 1.162-                     
          5(b)(3)(i), Income Tax Regs.  Such educational expenses are not             
          deductible even though the education may maintain or improve                
          skills required by the individual in her employment.  Sec. 1.162-           
          5(b)(1), Income Tax Regs.  Examples (1) and (2) of section 1.162-           
          5(b)(3)(ii) , Income Tax Regs., illustrate this rule:                       
                    Example (1).  A, a self-employed individual                       
               practicing a profession other than law, for example,                   
               engineering, accounting, etc., attends law school at                   
               night and after completing his law school studies                      
               receives a bachelor of laws degree.  The expenditures                  
               made by A in attending law school are nondeductible                    
               because this course of study qualifies him for a new                   
               trade or business.                                                     
                    Example (2).  Assume the same facts as in example                 
               (1) except that A has the status of an employee rather                 
               than a self-employed individual, and that his employer                 
               requires him to obtain a bachelor of laws degree.  A                   





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