Veronica L. Foster - Page 12




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          marketing.  After the M.B.A., she joined Refreshment Brands as               
          its new vice president of marketing.  Because petitioner has not             
          demonstrated that she was qualified to work in marketing before              
          she began studying at HBS, we find that the M.B.A. qualified her             
          for a new trade or business.                                                 
               Petitioner’s counsel relies on three cases he asserts                   
          buttress petitioner’s position.  In Glenn v. Commissioner, 62                
          T.C. 270 (1974), we held that a public accountant could not                  
          deduct expenses incurred preparing for and taking a certified                
          public accountant examination because certified public                       
          accountants are in a different trade or business from public                 
          accountants, on the basis of an analysis of the tasks and                    
          activities they are qualified to perform.  This case is not                  
          helpful to petitioner because, while she may be better qualified             
          with the M.B.A. to work as a project manager for an engineering              
          consulting company, she is also qualified to perform myriad                  
          business, management, finance, and marketing tasks she was not               
          qualified to perform before receiving her M.B.A.                             
               In Sherman v. Commissioner, T.C. Memo. 1977-301, we held                
          that the taxpayer had established that he was engaged in business            
          administration before going to HBS and that he stayed in that                
          field after graduation.  The taxpayer in Sherman, like                       
          petitioner, needed neither a leave of absence nor the intention              
          to return to the same position.  Unlike the taxpayer in Sherman,             







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