Jon R. Ecker - Page 8




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          indicating that petitioner had flown any airplane aside from his            
          time in the service and those on which he trained when working              
          towards his FAA certifications.                                             
               Prior to new-hire training petitioner had taken courses and            
          received the highest level of FAA fixed-wing certification.                 
          Petitioner, however, had never worked for an airline.  In                   
          Wassenaar v. Commissioner, 72 T.C. 1195 (1979), this Court held             
          that being a certified member of a profession is not the same as            
          carrying on that profession for the purpose of section 162(a).              
          While it is possible to argue, because he was hired by CE prior             
          to the commencement of training and because of his FAA                      
          certifications, that he was engaged in the trade or business of             
          being a fixed-wing airline pilot for purposes of section 162,               
          “the statute has consistently been construed to require activity            
          prior to the outlay for education.”  Kohen v. Commissioner, T.C.            
          Memo. 1982-625.  Petitioner’s first day of employment was the               
          same day training started.  The mere establishment of an                    
          employer-employee relationship is insufficient for purposes of              
          section 1.162-5, Income Tax Regs.  While no minimum period of               
          activity is articulated by the statute or its regulations, it is            
          clear that one day of employment lacks the essential                        
          characteristics of being established in a particular trade or               
          business.  See Link v. Commissioner, 90 T.C. at 464.                        








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