- 10 - 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 arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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