O'Donnell v. Commissioner
United States Tax Court
1. Petitioner, an accountant, attended law school at night. In 1970, he received his law degree and was admitted to the bar. Held, the school expenses are nondeductible because they were incurred in pursuit of a program "which will lead to qualifying him in a new trade or business," i.e., a lawyer.
Read the full summary
1. Petitioner, an accountant, attended law school at night. In 1970, he received his law degree and was admitted to the bar. Held, the school expenses are nondeductible because they were incurred in pursuit of a program "which will lead to qualifying him in a new trade or business," i.e., a lawyer. Sec. 1.162-5(b)(3)(i), Income Tax Regs.Held, further, under the facts herein, petitioner cannot deduct the expenses of two tax courses he took in pursuit of his law degree. 2. Petitioner, a resident of the Chicago area, owned several pieces of rental real estate, individually and as tenant in…
1Opinion of the Court
TaNNENwald, Judge:
Respondent determined deficiencies in petitioners’ income taxes of $502.98 in 1969 and $122.08 in 1970. The two issues raised in this proceeding are: (1) Whether petitioners are entitled, under section 162(a) ,1 to deduct law school expenses incurred by petitioner Patrick L. O’Donnell and (2) whether travel expenses incurred to investigate the possible acquisition of a certain building are deductible under section 162 (a) (2) or 165(c).
findings of fact
General
Most of the facts have been stipulated. The stipulation of facts and exhibits attached thereto are incorporated herein…
2Cases cited15 opinions
- McDonald v. CommissionerSupreme Court of the United States · 1944
- Frank v. CommissionerUnited States Tax Court · 1953
- Weiszmann v. CommissionerUnited States Tax Court · 1969
- Ronald F. Weiszmann and Deborah C. Weiszmann v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1971
- Glenn v. CommissionerUnited States Tax Court · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Davis v. CommissionerUnited States Tax Court · 1976
- Borchers v. CommissionerUnited States Tax Court · 1990
- Feistman v. CommissionerUnited States Tax Court · 1974
- Gardin v. CommissionerUnited States Tax Court · 1975
- Robert C. Honodel and Claire E. Honodel v. Commissioner of the Internal RevenueCourt of Appeals for the Ninth Circuit · 1984
52 more not listed; retrieve them via the Exa API.