Legal Opinion

Burnstein v. Commissioner

United States Tax Court

Decided June 17, 1976No. Docket No. 8868-74Published

Held, although T had a master of education degree and not only taught dyslexic (learning-disabled) children but also counseled their parents on how to deal with them at home, her educational expenses incurred in obtaining a degree of master of social work (M.S.W.) were nondeductible because such education went beyond merely improving her skills and led "to qualifying [her] in a new trade or business." Sec. 1.162-5(b)(3)(i), Income Tax Regs.

1Opinion of the Court

Myron Burnstein and Muriel Burnstein, Petitioners v. Commissioner of Internal Revenue, Respondent

Burnstein v. Commissioner

Docket No. 8868-74

United States Tax Court

66 T.C. 492; 1976 U.S. Tax Ct. LEXIS 91;

June 17, 1976, Filed

Decision will be entered for the respondent.

Held, although T had a master of education degree and not only taught dyslexic (learning-disabled) children but also counseled their parents on how to deal with them at home, her educational expenses incurred in obtaining a degree of master of social work (M.S.W.) were nondeductible because such education went beyond merely…

2Cases cited8 opinions

  1. Carroll v. CommissionerUnited States Tax Court · 1968
  2. James A. And Isabelle Carroll v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1969
  3. Bodley v. CommissionerUnited States Tax Court · 1971
  4. O'Donnell v. CommissionerUnited States Tax Court · 1974
  5. Jungreis v. CommissionerUnited States Tax Court · 1970

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