Daniel R. Allemeier, Jr. - Page 12

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          v. Commissioner, supra; Weiler v. Commissioner, 54 T.C. 398, 401-           
          402 (1970); sec. 1.162-5, Income Tax Regs.                                  
               Respondent claims that petitioner’s evolving duties and                
          promotions after he enrolled in the MBA program demonstrate that            
          petitioner was qualified for and indeed entered a new trade or              
          business at Selane Products once he began the MBA program.                  
          Respondent argues that petitioner’s trade or business before the            
          MBA was principally sales related and involved only limited                 
          managerial and financial duties, but that once petitioner began             
          the MBA program he advanced to numerous other jobs and was given            
          advanced managerial, marketing, and financial duties, all of                
          which were “significantly” different from the duties he performed           
          before enrolling.  In sum, respondent argues that the MBA                   
          qualified petitioner for the specific new trade or business of              
          “advanced marketing and finance management.”                                
               Petitioner disagrees and argues that the MBA enhanced and              
          maintained skills he already used in his job, but did not qualify           
          him for a new trade or business or for any particular promotions.           
          Petitioner argues that the MBA merely capitalized on his                    
          abilities that he had before beginning the program, giving him a            
          better understanding of financials, costs analyses, marketing,              
          and advertising.  After careful consideration, we agree with                
          petitioner.                                                                 







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