- 14 - expenses, (3) that Mr. Agbaniyaka paid or incurred each of the claimed educational expenses, and (4) that the courses that petitioners contend Mr. Agbaniyaka took maintained or improved the skills required in his employment as a revenue agent or that the Internal Revenue Service expressly required Mr. Agbaniyaka to attend any such courses. On the record before us, we find that petitioners have failed to carry their burden of establishing that they are entitled for each of their taxable years 2002 through 2004 to the deduction under section 162(a) that they claim for Mr. Agbaniyaka’s educational expenses.10 We next consider petitioners’ claimed union dues. 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) that they were members of a union, (2) that they paid the claimed union dues, and (3) the amounts of any such dues. 10The record does not establish the mode of transportation that Mr. Agbaniyaka contends he used to travel to and from certain schools. Assuming arguendo that petitioners had estab- lished for each of their taxable years 2002 through 2004 the deductibility under sec. 162(a) of the claimed educational expenses and that the mode of transportation that Mr. Agbaniyaka used to attend certain courses was listed property within the meaning of sec. 280F(d)(4), petitioners would still have to satisfy the requirements of sec. 274(d) with respect to any claimed transportation expenses. On the record before us, we find that they have not done so. See sec. 274(d)(4); sec. 1.274- 5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007