Michael and Marla Sklar - Page 2

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               Jeffrey I. Zuckerman, for petitioners.                                 
               Louis B. Jack, Sherri Wilder, and Julie E. Vandersluis, for            
          respondent.                                                                 


               COLVIN, Judge:  Respondent determined a deficiency of                  
          $10,198 in petitioners’ Federal income tax for 1995 and an                  
          accuracy-related penalty of $2,040 under section 6662(a).1                  
               After concessions,2 the issues for decision are:                       
               1.  Whether petitioners may deduct as a charitable                     
          contribution $15,000 of the $27,283 in tuition and fees they paid           
          in 1995 to Orthodox Jewish day schools for the secular and                  
          religious education of their five children, including $175 they             
          paid to one of the schools for Mishna classes.  We hold that they           
          may not.                                                                    
               2.  Whether petitioners are liable for the accuracy-related            
          penalty for 1995 because they deducted tuition payments for their           
          children’s secular and religious education.  We hold that they              
          are not.                                                                    





               1  Unless otherwise specified, section references are to the           
          Internal Revenue Code as amended, and Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  
               2  Respondent concedes that petitioners are not liable for             
          additional self-employment tax.  Thus, petitioners are not                  
          entitled to a self-employment tax deduction.                                




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