life time learning credit

[POCAHONTAS]

If a client paid almost $5000 for his 16 year old to take the SAT Preparation course, can he qualify for the life time learning credit for 2009? I told him no but he insists that he can??

thanks

[solomon]

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What is his authority for that conclusion? Here is part of the Code regarding that Credit.

25A(c) Lifetime Learning Credit

(1) Per taxpayer credit

The Lifetime Learning Credit for any taxpayer for any taxable year is an amount equal to 20 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished during any academic period beginning in such taxable year) as does not exceed $10,000 ($5,000 in the case of taxable years beginning before January 1, 2003).

25A(c)(2)(B)
Expenses eligible for Lifetime Learning Credit

For purposes of paragraph (1), qualified tuition and related expenses shall include expenses described in subsection (f)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual.

25A(f)(1)
Qualified tuition and related expenses

(A) In general

The term “qualified tuition and related expenses” means tuition and fees required for the enrollment or attendance of—
(i) the taxpayer,
(ii) the taxpayer’s spouse, or
(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151

[Burke]

If a client paid almost $5000 for his 16 year old to take the SAT Preparation course, can he qualify for the life time learning credit for 2009? I told him no but he insists that he can??

thanks

No, he cannot. Just had a client call and want to know if she could deduct (or take an education credit) for the cost of her daughter who is in high school to fly to Puerto Rico to take a class of some sort. Sorry.