Daniel R. Allemeier, Jr. - Page 15

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          Fed. Appx. 314 (8th Cir. 2003).13  Petitioner’s MBA was not a               
          course of study leading him to qualify for a professional                   
          certification or license.                                                   
               We find two cases particularly instructive.  On one                    
          occasion, our Court considered whether an MBA degree qualified a            
          taxpayer for a new trade or business.  See Blair v. Commissioner,           
          T.C. Memo. 1980-488.  In that case, the taxpayer was employed as            
          a personnel manager while taking courses toward an MBA.  We found           
          that the taxpayer was entitled to deduct tuition expenses because           
          the courses improved the taxpayer’s job skills and did not                  
          qualify the taxpayer for a new trade or business.14  Id.                    


               13Courts have found similarly where the course of study led            
          taxpayers to qualify for professional certifications.  For                  
          instance, the Court has found that a licensed public accountant             
          is in a different trade or business from a certified public                 
          accountant.  See Glenn v. Commissioner, 62 T.C. 270, 275 (1974).            
          The Court has also found that a pharmacist intern is in a                   
          different trade or business from a registered pharmacist, even              
          where they each perform many of the same tasks and activities.              
          See Antzoulatos v. Commissioner, T.C. Memo. 1975-327.                       
               14We denied deductions for MBA expenses in two other cases             
          on the basis that the taxpayer had not already been established             
          in a trade or business.  See Link v. Commissioner, 90 T.C. 460,             
          463-464 (1988), affd. 869 F.2d 1491 (6th Cir. 1989); Schneider v.           
          Commissioner, T.C. Memo. 1983-753; cf. Sherman v. Commissioner,             
          T.C. Memo. 1977-301.  This is distinguishable from our case where           
          petitioner had worked for Selane Products prior to and throughout           
          the MBA program.  In addition, our facts are distinguishable from           
          a case in which we denied MBA expense deductions where the                  
          taxpayer’s duties were technical before enrolling in the MBA                
          program and managerial afterwards.  See McIlvoy v. Commissioner,            
          T.C. Memo. 1979-248; see also Hudgens v. Commissioner, T.C. Memo.           
          1997-33 (managing assets in a trust company differs significantly           
          from researching tax issues and preparing tax returns for an                
                                                             (continued...)           




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