Will M. McEuen III and Tracy L. McEuen - Page 7

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          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.                                        






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