Keith T. and Geraldine A. Bowers - Page 10

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               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 evidence           






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