A federal appeals court recently ruled that a couple paying tuition cannot claim it as a charitable contribution on their tax return. The 9th Circuit U.S. Court of Appeals in San Francisco determined that a California couple can't claim tuition paid to their children's religious schools as a tax deduction, according to an story in the Modesto Bee.
Los Angeles couple Michael and Marla Sklar had attempted to claim the tuition payments for their five children as a charitable contribution to a religious organization, according to the newspaper article. The appeals court ruled that the couple paid only for their children's education and had not demonstrated that any of the tuition was used by the schools as a gift, the article stated.
I don't know if this family plans further appeals, but I don't think it will do them any good. The rules are pretty clear on this sort of thing. If you meet the qualifications, you can take a deduction or credit for certain higher education expenses. But you cannot consider tuition payments a charitable gift just because it's going to a school with a religious affiliation.
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