John H. Hudgens III - Page 7

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          before and after the educational hiatus, and as such, the                   
          educational expenses are nondeductible personal expenses.                   
               We recognize at the outset that in today's business world              
          the effects of tax laws are driving considerations in virtually             
          all decisions.  In this sense, a knowledge of the tax laws may              
          well be a common denominator in various professions from legal              
          practice as a tax lawyer, to the practice of tax accounting, to             
          the business of asset management, and so on.  Nonetheless, we               
          still recognize the separateness of these trades or businesses,             
          even though the lines of demarcation may become somewhat blurred.           
               Regardless of how we define petitioner's occupations, we               
          conclude that the duties petitioner performed at Arthur Andersen            
          differed substantially from the duties petitioner performed at              
          STC.  At Arthur Andersen petitioner predominantly prepared tax              
          returns and researched tax issues.  In contrast, the raison                 
          d'etre for STC was not preparing tax returns or researching                 
          clients' tax problems; it was managing assets.  While petitioner            
          may have prepared some tax returns and researched some tax issues           
          at STC, those roles were entirely ancillary to the function of              
          managing client's assets and acquiring new clients.4  In sum,               
          petitioner's employment at STC did not constitute the same trade            
          or business as his employment at Arthur Andersen, because the               


          4   Indeed, petitioner recognized in his opening statement that             
          "the duties and tasks and responsibilities at the Southeastern              
          Trust Company may be, in many respects, different from his duties           
          at Arthur Andersen".                                                        


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