- 9 - Petitioner contends that she meets these requirements based on the statement of her former unit commander in a letter that stated “Continued civilian education in the military is necessary for an officer to retain their current position, improve their skills, and maintain longevity in the military.” Putting aside the hearsay problems, we do not find that statement persuasive. Petitioner does not refer to any “applicable law or regulations” that required her to obtain a college degree as required by the regulations, and we know of no such requirement. Rather, it appears that the National Guard, as do all military organizations, strongly support and encourage education for its soldiers. This, however, does not comply with the requirements of the Department of Treasury regulations. See Baker v. Commissioner, T.C. Memo. 1971-278; Kinch v. Commissioner, T.C. Memo. 1971-117. We sustain respondent’s determinations. With respect to the remaining miscellaneous deductions claimed for both taxable years, there simply is no evidence to indicate that respondent’s determinations are erroneous, and we sustain those determinations as well. 3. 1997 Rental Expense, 1998 Interest Income, 1998 Charitable Contribution Deduction, and 1998 Tax Return Preparation and Legal Fees As noted in our statement of facts, with one exception, petitioners either have not addressed or have offered no evidencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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