John H. Hudgens III - Page 6

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          involved in and intended to return to a particular trade or                 
          business.  Id.  In order to take advantage of what has been                 
          described as the "hiatus" principle, a taxpayer must show that              
          during the hiatus he intended to resume the same trade or                   
          business.  See Estate of Rockefeller v. Commissioner, 762 F.2d              
          264, 270 (2d Cir. 1985) (citing Sherman v. Commissioner, T.C.               
          Memo. 1977-301), affg. 83 T.C. 368 (1984).  If substantial                  
          differences exist in the tasks and activities of the employments            
          undertaken before and after the period of education, then each              
          employment constitutes a separate trade or business.  Davis v.              
          Commissioner, 65 T.C. 1014, 1019 (1976).  For example, this Court           
          has held that a helicopter pilot is engaged in a different trade            
          or business than an airline pilot.  Lee v. Commissioner, T.C.               
          Memo. 1981-26, affd. 723 F.2d 1424 (9th Cir. 1974).  Similarly,             
          we have held that a licensed practical nurse is not in the same             
          trade or business as a registered nurse.  Reisinger v.                      
          Commissioner, 71 T.C. 568 (1979).                                           
               Petitioner asserts that, under the hiatus principle, he was            
          engaged in a trade or business as a "tax consultant" while                  
          earning his LL.M. at Emory, because in his view he was employed             
          as a "tax consultant" both before and after his enrollment at               
          Emory.  Petitioner primarily relies on a comparison of his duties           
          at Arthur Andersen with his duties at STC.  Respondent contends             
          that the nature of petitioner's employment differed substantially           




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