Legal Opinion

Grover v. Commissioner

United States Tax Court

Decided July 26, 1977No. Docket No. 5651-75PublishedCited by 19 opinions

Petitioner, a commissioned officer in the United States Marine Corps, seeks to deduct the expenses he incurred in attending law school. He also seeks to deduct home office expenses which he incurred in connection with his study of law.

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Petitioner, a commissioned officer in the United States Marine Corps, seeks to deduct the expenses he incurred in attending law school. He also seeks to deduct home office expenses which he incurred in connection with his study of law. Held, petitioner's law school expenses are not deductible as ordinary and necessary business expenses because they were incurred in the pursuit of a program of study "which will lead to qualifying him in a new trade or business," sec. 1.162-5(b)(3)(i), Income Tax Regs., namely, the practice of law. Held, further, petitioner failed to show the expenses incurred…

1Opinion of the Court

Irwin, Judge:

The Commissioner determined a deficiency of $269 in petitioners’ joint Federal income tax for the calendar year 1972. The issues for our decision are: (1) Whether petitioners are entitled to a deduction for expenses incurred by Orrin L. Grover while attending law school; and (2) whether home office expenses incurred in connection with petitioner’s study of law are deductible business expenses under section 162.1

FINDINGS OF FACT

Some of the facts have been stipulated. This stipulation of facts, along with attached exhibits, is incorporated herein by this reference.

Petitioners,…

2Cases cited2 opinions

  1. Davis v. CommissionerUnited States Tax Court · 1976
  2. Glenn v. CommissionerUnited States Tax Court · 1974

3Cited by19 opinions

  1. Diaz v. CommissionerUnited States Tax Court · 1978
  2. Reisinger v. CommissionerUnited States Tax Court · 1979
  3. Mason v. CommissionerUnited States Tax Court · 1982
  4. Kuh v. CommissionerUnited States Tax Court · 1983
  5. Vetrick v. CommissionerUnited States Tax Court · 1978

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