- 8 - Tax Regs. The regulations provide that, within this category of expenses: Only the minimum education necessary to the retention by the individual of his established employment relationship, status, or rate of compensation may be considered as undertaken to meet the express requirements of the taxpayer’s employer. Sec. 1.162-5(c)(2), Income Tax Regs. As discussed above, during the year in issue petitioner had left his former employment and had not yet started his new employment. Thus, because petitioner did not have an established employment relationship, status, or rate of compensation during that year, petitioner is not entitled to a deduction pursuant to the second category of deductible expenses under section 1.162-5(c)(2), Income Tax Regs. Because petitioner’s education expenses do not fall into either category of deductible expenses under the regulations, petitioner is not entitled to the deductions claimed for the M.B.A. program. We need not address whether the expenses fall into either of the categories of nondeductible expenses under section 1.162-5(b), Income Tax Regs. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011