- 8 - title did not accurately describe her role at the company. He suggests that the company hired petitioner for her knowledge of the beverage industry and not for her marketing knowledge. Petitioner’s counsel tried to show that her experience at Snapple and her education at HBS were probably irrelevant to most of Refreshment Brands’s promotion activity. Petitioner’s counsel did not elicit any testimony or introduce sufficient evidence to convince the Court of this interpretation of petitioner’s career progression. In any event, even if we were so convinced, we would still need to consider the second disqualification category in section 1.162-5(b), Income Tax Regs. B. Qualification for New Trade or Business Petitioner’s counsel argues that petitioner was involved in management for beverage companies before and after earning her M.B.A. and that her new degree merely maintained or improved her skills in working as an entrepreneur, project manager, or supervisor in the beverage industry. Whether education maintains or improves skills required by the individual in her employment is a question of fact. Boser v. Commissioner, 77 T.C. 1124, 1131 (1981). A taxpayer must demonstrate a direct and proximate relationship between the education and the skills required in her employment. Kornhauser v. United States, 276 U.S. 145, 153 (1928); Schwartz v. Commissioner, 69 T.C. 877, 889 (1978).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008