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Educational Expense

In:

Submitted By katemossmoss
Words 778
Pages 4
-For transportation:
Treas. Reg. §§ 1.162-5(b)(2) and (3)
Provide that if the education qualifies the taxpayer for a new trade or business or if it meets the minimum entry-level educational requirements for the taxpayer’s job, then the travel expenses are not deductible.

Zeidler v. Commissioner, 132 F.3d 37 (7th Cir. 1997) it depends neither on the taxpayer’s reasons for undertaking a course of studies nor on what she intends to do (or not do) with her newly acquired knowledge” (Zeidler v. Commissioner, 132 F.3d 37 (7th Cir. 1997)). It means this test will base on the actual facts of the case.

George A. Evan, et ux., TC Memo 2004-180
Business deductions—travel expenses—substantiation. Former professor/real estate broker and wife weren't entitled to travel expense deductions: neither taxpayers' testimony nor expense summaries reporting exact same mileage and parking fees for 60 separate trips were credible or sufficient to meet Code Sec. 274(d) 's strict substantiation requirements; and original records' loss in fire wasn't excuse.
Code Sec. 7491(a)
If , in any court proceeding, a taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the liability of the taxpayer for any tax imposed by the taxpayer has complied with the requirements under this title to substantiate any item or the taxpayer has maintained all records required under this title and has cooperated with reasonable requests by the Secretary for witnesses, information , documents, meeting and interviews;

IRC § 274(m)(2) Travel as form of education
No deduction shall be allowed under this chapter for expenses for travel as a form of education.

Ann Jorgensen, TC Memo 2000-138, Code Sec(s). 162; 274, 04/13/2000
Business deductions- education expenses- travel as education – ordinary and necessary.
“Courses were ordinary and necessary expense

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