Pieter Weyts - Page 4




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          deduct $620 for the gift because $80 was attributable to services           
          rendered in the form of the dinner.                                         
          Deduction for Education Loan Interest                                       
               Before he commenced his studies at Columbia, petitioner                
          allegedly borrowed money from a Dutch bank to finance his                   
          educational expenses.  The loan was secured by the home of                  
          petitioner’s parents, and his parents were guarantors on the                
          loan.  EURO 6,197 was paid as interest in 2000, and the parties             
          agree that the dollar conversion is $5,329.  Petitioner claims              
          that he is entitled to a deduction for education loan interest              
          under section 221.                                                          
                                     Discussion                                       
          Section 162 Deduction for Educational Expenses                              
               “Expenditures made by a taxpayer in obtaining an education             
          or in furthering his education are not deductible unless they               
          qualify under section 162 and � 1.162-5”.  Sec. 1.262-1(b)(9),              
          Income Tax Regs.; see also Boser v. Commissioner, 77 T.C. 1124,             
          1132 (1981).  Section 162(a) limits deductions for all “ordinary            
          and necessary expenses” to those incurred “carrying on any trade            
          or business”.  The determination of whether a taxpayer is engaged           
          in a trade or business “requires an examination of the facts in             
          each case.”  Higgins v. Commissioner, 312 U.S. 212, 217 (1941).             
          “[T]o be engaged in a trade or business, the taxpayer must be               
          involved in the activity with continuity and regularity and that            






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