- 13 - petitioners, they are entitled for each of their taxable years 2002 through 2004 to a deduction under section 162(a) for those claimed expenses as unreimbursed employee expenses. Expenses that a taxpayer incurs “in obtaining an education or in furthering his education are not deductible unless they qualify under section 162 and § 1.162-5.” Sec. 1.262-1(b)(9), Income Tax Regs. Section 1.162-5(a), Income Tax Regs., provides that expenses relating to education are deductible as ordinary and necessary business expenses if that education (1) Maintains or improves skills required by the individual in his employment or other trade or busi- ness, or (2) Meets the express requirements of the individ- ual’s employer * * * imposed as a condition to the retention by the individual of an established employ- ment relationship, status, or rate of compensation. The question whether education maintains or improves skills required by the individual in his employment is one of fact. Boser v. Commissioner, 77 T.C. 1124, 1131 (1981). The taxpayer must show that there was a direct and proximate relationship between the education and the skills required in the taxpayer’s employment. Kornhauser v. United States, 276 U.S. 145, 153 (1928); Schwartz v. Commissioner, 69 T.C. 877, 889 (1978). On the record before us, we find that petitioners have failed to carry their burden of establishing for each of their taxable years 2002 through 2004 (1) the nature of each of the claimed educational expenses, (2) the amount of each of thosePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007