Yuanqiang Zhang - Page 6

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          maintains or improves skills required by the taxpayer in his                
          employment, or (2) meets the express requirements of the                    
          taxpayer’s employer, or of applicable law or regulations, imposed           
          as a condition to the retention by the taxpayer of an established           
          employment relationship, status, or rate or compensation.  Sec.             
          1.162-5(a), Income Tax Regs.  However, expenses which fall into             
          either of these categories are nevertheless not deductible if the           
          education (1) is required in order to meet the minimum                      
          educational requirements for qualification in the taxpayer’s                
          employment, or (2) qualifies the taxpayer for a new trade or                
          business.  Sec. 1.162-5(b), Income Tax Regs.                                
               The first category of deductible expenses is for education             
          which maintains or improves skills required by the taxpayer in              
          his employment.  Sec. 1.162-5(a)(1), Income Tax Regs.  The                  
          regulations state that this category of expenses “includes                  
          refresher courses or courses dealing with current developments as           
          well as academic or vocational courses”.  Sec. 1.162-5(c)(1),               
          Income Tax Regs.  We find that the M.B.A. program did not serve             
          to maintain or improve skills required in petitioner’s employment           
          within the meaning of the regulations.  The courses which                   
          petitioner completed as part of the M.B.A. program were varied              
          and encompassed a large number of business fields:  The courses             
          covered areas including economics, management, finance,                     
          accounting, technology and computer networks, marketing,                    






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