Taxes and 6 year OMFS ppl

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southomfs

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I'm at a 6 year program and had to pay 60k out of state tuition last year for M2 as an unmarried individual getting paid a partial PGY1 salary to go on service 2 months. The traditional 4,000 deduction did just fine.

I'm married now and have a dentist wife who is making a reasonable salary. I paid 30k tuition for M3. I'd really like to save some bones from uncle sam and deduct the full 30k instead of the capped 4k education expense. I'm fairly certain this will fly as a "business expense." Read the stuff below at the bottom.

Within my chosen line of work (oral and maxillofacial surgery), for which I receive a small salary as a PGY-2/M3, the M.D. does not constitute a "new career," but rather "maintains or improves skills by the individual in his employment" per paragraph 1. I already have a DDS which is all that I need to practice full scope oral and maxillofacial surgery, and am pursuing an M.D. to "improve my skills."

You think this would fly? I'm going to talk to an accountant obviously. If it does, then all of you 6 year guys with wives bringing home the bacon could save a few thousand bucks a year while you're in med school.






http://edocket.access.gpo.gov/cfr_2003/aprqtr/pdf/26cfr1.162-5.pdf

Read the stuff at the bottom.

1.162–5 Expenses for education.

(a)

General rule. Expenditures made

by an individual for education (including

research undertaken as part of his

educational program) which are not expenditures

of a type described in paragraph

(b) (2) or (3) of this section are

deductible as ordinary and necessary

business expenses (even though the

education may lead to a degree) if the

education—

(1) Maintains or improves skills required

by the individual in his employment

or other trade or business, or

(2) Meets the express requirements of

the individual’s employer, or the requirements

of applicable law or regulations,

imposed as a condition to the retention

by the individual of an established

employment relationship, status,

or rate of compensation.




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Trust me..This won't be the first time or the last that you will have to deal with IRS. You are definitely in a "gray" area sort of speak..
This is where you are coming from..
Tuition & Fees Deduction
http://taxes.about.com/od/deductionscredits/qt/tuitionfeesded.htm

Limits and Income Ranges for the Tuition and Fees Deduction

The maximum amount of the tuition and fees deduction you can claim is $4,000 per year. The deduction is further limited by income ranges:
$4,000 max for income up to $65,000 ($130,000 for joint filers)
$2,000 max for income over $65,000 up to $80,000 ($160,000 for joint filers)
no deduction for income over $80,000 ($160,000 for joint filers).

However, Please take note of the following "Red Flags" !!

Avoid An Audit: 6 "Red Flags" You Should Know
http://www.investopedia.com/articles/pf/07/avoid_audits.asp#axzz1YXI9QfOS

Red Flag #5: Home Office Deductions
Be careful with home office deductions. Excessive or unwarranted deductions can raise red flags. In addition, large deductions in proportion to your income can raise the ire of the IRS as well.

My advice:
Talk to your tax attorneys and/or CPA concerning the "gray" areas. Conflicts with IRS often occur due to different "interpretation" of the tax code, which gets longer and more difficult to interpret by the year. And if and when IRS comes to knock on your door, you can always pass the buck by saying "Talk to my accountant. He/she is the licensed professional." Hope that helps..
 
If you report your income, every single penny you and your wife earn from your jobs, investments, etc., then you won't go to jail if you get audited and it is discovered that your deductions were incorrect or too agrgessive. You may have to pay some back taxes and interest or something if it is determined, but again, if you get audited.

IMO, I think your interpretation is correct.
 
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If you report your income, every single penny you and your wife earn from your jobs, investments, etc., then you won't go to jail if you get audited and it is discovered that your deductions were incorrect or too agrgessive. You may have to pay some back taxes and interest or something if it is determined, but again, if you get audited.

IMO, I think your interpretation is correct.

This is what I have always been taught and my bachelor's was in accounting.
 
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