- 6 - Petitioner argues that he was similarly situated. He was a member of the New York State Bar while employed at Kelley Drye and at Davis Polk as a summer associate. With respect to his work at Davis Polk, however, petitioner earned 3 hours of class credit towards his J.D./M.B.A. degrees for his work at Davis Polk. Furthermore, the arrangement of being a summer associate is more indicative of an educational pursuit, rather than being engaged in a trade or business of practicing law. The title is also more indicative of being a law clerk. Indeed, petitioner testified: “I have always been a full-time student from 1997 through 2001”, and he maintained a student visa throughout this period. Petitioner also failed to establish that his compensation and assignments were similar to other full-time associates at Kelley Drye and/or Davis Polk. In sum, we believe that petitioner had an “uninterrupted continuity in his legal education.” Wassenaar v. Commissioner, supra at 1199; see also Link v. Commissioner, 90 T.C. 460 (1988), affd. without published opinion 869 F.2d 1491 (6th Cir. 1989); Baker v. Commissioner, 51 T.C. 243, 247 (1968). Between 1997 and 2001, petitioner was a full-time student and earned three law degrees. Petitioner enrolled in each degree program immediately after completion of the preceding one. Petitioner was not engaged in a trade or business of being a practicing attorney. Having decided that petitioner does not satisfy thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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