Rodolfo Garcia, Jr. and Penny A. Garcia - Page 9

                                        - 8 -                                         
          Commissioner, 269 F.2d 108 (4th Cir. 1959).                                 
               We next address whether petitioners may deduct expenses                
          relating to Mrs. Garcia’s European travels.  Mrs. Garcia claims             
          that her experiences during her travels gave her new insights               
          into some of the topics she taught in her English class.  She               
          only deducted the costs of her travels to places she argues were            
          relevant to classroom material.                                             
               No deduction is allowable for expenses for travel as a form            
          of education.  Sec. 274(m)(2).  Moreover, expenditures by a                 
          taxpayer for education are deductible only if the education                 
          maintains or improves skills required in the individual’s                   
          employment, or the education meets the express requirements of              
          the individual’s employer imposed as a condition of employment.             
          Sec. 1.162-5(a), Income Tax Regs.  The taxpayer must establish              
          that there is a direct relationship between the costs incurred              
          and the skills required in his or her employment.  Jorgensen v.             
          Commissioner, T.C. Memo. 2000-138.  See Carroll v. Commissioner,            
          supra (simply because the education is helpful in the performance           
          of the taxpayer’s employment does not establish that its cost is            
          deductible).  While we recognize that Mrs. Garcia may have gained           
          insights during her travels that were helpful to her role as a              
          high school English teacher, she has not established a direct               
          relationship between her travels and the specific skills required           
          of her as a high school English teacher.  Nor has she shown that            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011