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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.
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