preview

Tax Court Case Analysis

Decent Essays

Manager/analyst could deduct MBA costs that didn't qualify him for new trade or business

Long, TC Summary Opinion 2016-88TC Summary Opinion 2016-88

In a Summary Opinion, the Tax Court has determined that a taxpayer could deduct the costs of obtaining a master of business administration (MBA) as unreimbursed employee expenses. The Court found that the MBA didn't qualify him for a new profession but rather refined his existing business and investment skills that he used in his former managerial position, and it further concluded that the taxpayer remained in the same trade or business before and after attaining the degree.
Background. Education expenses are deductible under Code Sec. 162(a) if made by a taxpayer either to maintain or improve …show more content…

He didn't work again until January 2012 when he began working at Connective Capital Management, LLC (Connective Capital) as a senior research analyst. The job posting stated that the senior research analyst would "lead research activities in technology and industrial sectors, with responsibility for all aspects including idea generation, technology/product review, business model and competitive analysis, primary research utilizing Connective's industry network, valuation modeling, and risk management". The job listing also stated a preference for candidates with MBAs from top …show more content…

The Court found that, while Long couldn't deduct his education costs in connection with his real estate activity as he originally claimed, he could deduct them as unreimbursed employee expenses.
While IRS conceded that the degree wasn't incurred to meet the minimum educational requirements of Long's trade or business, it asserted that the expenses were nondeductible because Long's MBA qualified him for a new trade or business. Specifically, IRS argued that the MBA enabled him to acquire the senior research analyst position with Connective Capital, noting that the job posting stated a preference for MBA holders.
The Court, however, rejected this argument and found that Long was in the same trade or business before enrolling in the MBA program and remained in that trade or business when he took on the new position at Connective Capital. He was qualified in financial analysis through his studies and personal investment experience before enrolling in the MBA program in May 2010, as demonstrated by his passing the CAIA and CFA exams before enrolling, and he was also developing financial skills as general partner of the investment partnership. IRS also emphasized that Long didn't become a CFA charter holder or a CAIA member until 2012, but the Court accepted Long's explanation that the annual fees were costly and just passing the exams was sufficient to demonstrate knowledge and

Get Access