- 6 - 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 substantiallyPage: Previous 1 2 3 4 5 6 7 8 Next
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