- 12 - v. Commissioner, supra; Weiler v. Commissioner, 54 T.C. 398, 401- 402 (1970); sec. 1.162-5, Income Tax Regs. Respondent claims that petitioner’s evolving duties and promotions after he enrolled in the MBA program demonstrate that petitioner was qualified for and indeed entered a new trade or business at Selane Products once he began the MBA program. Respondent argues that petitioner’s trade or business before the MBA was principally sales related and involved only limited managerial and financial duties, but that once petitioner began the MBA program he advanced to numerous other jobs and was given advanced managerial, marketing, and financial duties, all of which were “significantly” different from the duties he performed before enrolling. In sum, respondent argues that the MBA qualified petitioner for the specific new trade or business of “advanced marketing and finance management.” Petitioner disagrees and argues that the MBA enhanced and maintained skills he already used in his job, but did not qualify him for a new trade or business or for any particular promotions. Petitioner argues that the MBA merely capitalized on his abilities that he had before beginning the program, giving him a better understanding of financials, costs analyses, marketing, and advertising. After careful consideration, we agree with petitioner.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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