George A. and Christine M. Evan - Page 13

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          Commissioner, T.C. Memo. 1985-414; Evans v. Commissioner, T.C.              
          Memo. 1981-413.  During temporary periods of unemployment, job-             
          hunting expenses can be considered and deducted as trade or                 
          business expenses if the expenses are incurred during “a                    
          reasonable period of transition” between leaving one position and           
          obtaining another.  Haft v. Commissioner, 40 T.C. 2, 6 (1963);              
          see also Sherman v. Commissioner, T.C. Memo. 1977-301.                      
               Education expenses may also be deductible trade or business            
          expenses under section 162(a) if the education for which the                
          expenses are made maintains or improves the skills required in              
          the taxpayer’s employment or other trade or business.  Sec.                 
          1.162-5(a), Income Tax Regs.                                                
               As relevant here, if unemployed, a taxpayer can still be               
          engaged in a trade or business if he was previously involved in             
          or actively seeks to return to that trade or business.  Haft v.             
          Commissioner, supra.  Amounts spent to prepare for the resumption           
          of business at some indefinite time are not deductible, and mere            
          membership in good standing in a profession does not constitute             
          carrying on of a trade or business.  Reisinger v. Commissioner,             
          71 T.C. 568, 572 (1979) (citing Owen v. Commissioner, 23 T.C.               
          377, 381 (1954)).  An important factor in determining whether a             
          taxpayer is still in a trade or business during a period of                 
          unemployment is whether the taxpayer’s absence from the trade or            
          business is temporary or indefinite.  See Haft v. Commissioner,             
          supra; Sherman v. Commissioner, supra.                                      






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