Tax Research Memorandum
To: Lauren Smith
From:
Date: October 29, 2011
Re: deductibility to education expense to Lauren Smith
Facts:
You incurred $15,000 in education expense during the tax year in the course of earning an MBA from a local university. You wants to deduct these expenses on her tax return as an employee business expense, as your employer does not have an education expense reimbursement program. Lauren, you have a B.S in nursing and during the 20 years since you earned your degree and became an RN, and you had worked in various capacities for a number of hospitals, medical centers and long term facilities. Most of your time, you have been worked in a 100 bed acute care community hospital, where your title is quality improvement coordinator. You have also served as Director of Nursing for a 150 bed sub acute long term care facility.
Issues:
The issue is (1) whether Lauren can deduct these expenses on her tax return as an employee business expense, and (2) her employer does not have an education expense reimbursement program.
Rule:
The tax Court did not err in investment that FSH Services lacked financial matter, “an appellate court reviews the factual determinations for clear error, and an appellate court reviews de novo the correctness of the legal standards applied by the tax court and the application of the legal standards to the facts found. The appellate court will reverse the tax court’s findings only when the appellate court is left with the definite and firm conviction that a mistake has been committed.” Sparkman v. Comm'r, 509 F.3d 1149, 1155 (9th Cir. 2007)
Analysis:
The authority to tax a corporation's income is simple and extends to the disgusting income. Whether and to what degree deductions shall be allowable depends upon legislative grace; and merely as there is clear stipulation, therefore can any exacting deduction be allowed. There shall be a calculation of gains and losses on the basis of a separate accounting for each... [continues]
To: Lauren Smith
From:
Date: October 29, 2011
Re: deductibility to education expense to Lauren Smith
Facts:
You incurred $15,000 in education expense during the tax year in the course of earning an MBA from a local university. You wants to deduct these expenses on her tax return as an employee business expense, as your employer does not have an education expense reimbursement program. Lauren, you have a B.S in nursing and during the 20 years since you earned your degree and became an RN, and you had worked in various capacities for a number of hospitals, medical centers and long term facilities. Most of your time, you have been worked in a 100 bed acute care community hospital, where your title is quality improvement coordinator. You have also served as Director of Nursing for a 150 bed sub acute long term care facility.
Issues:
The issue is (1) whether Lauren can deduct these expenses on her tax return as an employee business expense, and (2) her employer does not have an education expense reimbursement program.
Rule:
The tax Court did not err in investment that FSH Services lacked financial matter, “an appellate court reviews the factual determinations for clear error, and an appellate court reviews de novo the correctness of the legal standards applied by the tax court and the application of the legal standards to the facts found. The appellate court will reverse the tax court’s findings only when the appellate court is left with the definite and firm conviction that a mistake has been committed.” Sparkman v. Comm'r, 509 F.3d 1149, 1155 (9th Cir. 2007)
Analysis:
The authority to tax a corporation's income is simple and extends to the disgusting income. Whether and to what degree deductions shall be allowable depends upon legislative grace; and merely as there is clear stipulation, therefore can any exacting deduction be allowed. There shall be a calculation of gains and losses on the basis of a separate accounting for each... [continues]
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