- 6 - (2) Meets 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.] Implicit in both section 162 and the regulations is that the taxpayer must be established in a trade or business before any expenses are deductible. Link v. Commissioner, 90 T.C. 460 (1988), affd. without published opinion 869 F.2d 1491 (6th Cir. 1989); Jungreis v. Commissioner, 55 T.C. 581 (1970). The question of whether petitioner was established in a trade or business is one of fact which we must discern from evidence in the record. Link v. Commissioner, supra; sec. 1.162-5(b)(2), Income Tax Regs. Petitioner was employed by CE on February 4, 1996. One of the questions presented in this case is whether at that point he was established in the trade or business of piloting fixed-wing aircraft. For the 7 months prior to joining CE, petitioner flew helicopters for Era in the Gulf of Mexico. His work at Era leads us to conclude that as of February 4, 1996, petitioner was established in the trade or business of piloting helicopters. 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. 1984). Prior to February 4, 1996, petitioner had never flown for or been hired by an airline. There is no evidence in the recordPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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