Veronica L. Foster - Page 10




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               Petitioner left her position as an engineer in New Zealand              
          to come to the United States and pursue an M.B.A.  She left with             
          no promise of a specific job waiting for her once she completed              
          the degree.  A currently unemployed taxpayer can remain engaged              
          in a trade or business in which she was previously involved and              
          to which she intends to return.  Haft v. Commissioner, 40 T.C. 2,            
          6 (1963).  Accordingly, the absence of specific employment does              
          not necessarily mean that petitioner left her trade or business,             
          provided that she intended to return to that trade or business               
          after she completed her education.                                           
               There is no dispute that before and after her M.B.A.,                   
          petitioner worked in the beverage industry.  The proper focus,               
          however, is on the effect petitioner’s M.B.A. had on the jobs she            
          was qualified to perform rather than on the industry within which            
          she labored.  When education qualifies a taxpayer to perform                 
          significantly different tasks and activities from those she could            
          perform before, then that education is deemed to qualify the                 
          taxpayer for a new trade or business.  Robinson v. Commissioner,             
          78 T.C. 550, 552 (1982).  Petitioner must therefore prove that               
          her M.B.A. did not qualify her to perform significantly different            
          tasks from those she performed in New Zealand when working as an             
          engineer.  We are instructed to apply an objective standard in               
          considering whether specific education qualifies a taxpayer for a            
          new trade or business.  Id. at 556-557.                                      







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