We show that the empirical risk minimization (ERM) problem for neural networks has no solution in general. Given a training set s(1), ..., s(n) is an element of R-p with corresponding responses t(1), ..., t(n) is an element of R-q, fitting a k-layer neural network v(theta) : R-p -> R-q involves estimation of the weights theta is an element of R-m via an ERM: inf(theta is an element of Rm)Sigma(n)(i=1)parallel to t(i) - v(theta)(s(i))parallel to(2)(2). We show that even for k = 2, this infimum is not attainable in general for common activations like ReLU, hyperbolic tangent, and sigmoid functions. In addition, we deduce that if one attempts to minimize such a loss function in the event when its infimum is not attainable, it necessarily results in values of theta diverging to +/-infinity. We will show that for smooth activations sigma(x) = 1/(1 + exp(-x)) and sigma(x) = tanh(x), such failure to attain an infimum can happen on a positive-measured subset of responses. For the ReLU activation sigma(x) = max(0, x), we completely classify cases where the ERM for a best two-layer neural network approximation attains its infimum. In recent applications of neural networks, where overfitting is commonplace, the failure to attain an infimum is avoided by ensuring that the system of equations t(i) = v(theta)(s(i)), i = 1, ..., n, has a solution. For a two-layer ReLU-activated network, we will show when such a system of equations has a solution generically, i.e., when can such a neural network be fitted perfectly with probability one.