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because, during the entire period she pursued her advanced
education and thereafter, she continued doing the same work.
After she was laid off by Ladish, she applied with 30 to 35
employers and was unsuccessful in finding employment, either as a
stenographer or in any other position commensurate with her
advanced educational training. Petitioners argue that Mrs.
Zeidler never intended to pursue a new trade or business and
always expected to remain in the same position with her employer.
Section 162 and the regulations thereunder generally allow a
deduction for ordinary and necessary business expenses, including
expenses of education, which (1) maintain or improve skills
required by an individual in his employment or other trade or
business, or (2) meet the express requirements of the
individual's employer, or the requirements of applicable law or
regulations, imposed as a condition to the retention by the
individual of an established employment relationship, status, or
rate of compensation. Sec. 1.162-5(a), Income Tax Regs.
However, section 1.162-5(b), Income Tax Regs., describes certain
educational expenditures that are not deductible as ordinary and
necessary business expenses even though the education may
maintain or improve skills required by the individual in his
employment or may meet the express requirements of the
individual's employer or of applicable law or regulations. As
applicable here, such expenditures include those "made by an
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