- 6 - alleges, and her master's degree expenses were incurred to maintain and improve her skills. In the alternative, she asserts that the expenditures were required as a condition to the retention of an existing employment relationship, status, or rate of compensation. Section 162 allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. Although section 162 does not explicitly mention expenditures for education, section 1.162-5, Income Tax Regs., provides objective tests for determining whether such expenditures are deductible. Diaz v. Commissioner, 70 T.C. 1067, 1072-1073 (1978), affd. without published opinion 607 F.2d 995 (2d Cir. 1979); Taubman v. Commissioner, 60 T.C. 814, 817 (1973). The general rule of the regulation allows the deduction of educational expenses if the education maintains or improves the skills required by the individual in his or her employment or other trade or business, or meets the express requirements of the employer or applicable law. Sec. 1.162-5(a), Income Tax Regs. Section 1.162-5(b)(2) and (3), Income Tax Regs., provides, however, that if a taxpayer is pursuing a course of study that meets the minimum educational requirements for qualification in that employment or will qualify her for a new trade or business, the expenditures are not deductible.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011