Will M. McEuen III and Tracy L. McEuen - Page 11

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               Petitioner argues that being hired into the general                    
          management program did necessarily mean an assignment to upper              
          management would follow.  Although petitioner's education would             
          not by itself qualify her for a new profession, the regulation              
          requires only that the program of study being pursued "will lead            
          to qualifying" petitioner in a new trade or business.  Sec.                 
          1.162-5(b)(3)(i), Income Tax Regs.  Payments for education that             
          must be combined with an examination or experience to qualify a             
          taxpayer for a new trade or business are not deductible.  See               
          Cristea v. Commissioner, T.C. Memo. 1985-533 (and cases cited               
          therein).                                                                   
               From the record in this case, the Court concludes that                 
          petitioner's degree led to qualifying her to perform                        
          significantly different tasks and activities than she performed             
          before the education.  The education therefore qualified                    
          petitioner for a new trade or business.                                     
               Because petitioner's satisfaction of both "disallowance"               
          tests of section 1.162-5(b)(2) and (3), Income Tax Regs., will              
          prohibit the deduction of her educational expenses, the Court               
          will not address respondent's argument that petitioner was not              
          engaged in a trade or business in 1998.                                     
               To the extent the Court has not addressed other arguments              
          and contentions petitioner raised, the Court concludes they are             
          without merit.  Respondent's determination that petitioners are             






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