- 11 - Petitioners have failed, however, to provide statements of fact on which they base their assignments of error as to respondent's determinations of additions to tax, as required by Rule 34(b). II. Deficiencies in Tax A. Ordinary and Necessary Business Expenses In pertinent part, section 162(a) provides: "There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business". To qualify for deduction under section 162(a), an item must (1) be paid or incurred during the taxable year, (2) be for carrying on any trade or business, (3) be an expense, (4) be a necessary expense, and (5) be an ordinary expense. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 85 (1992). By raising an issue of verification, respondent challenges whether petitioners have met the first qualification set forth above. Respondent has also challenged whether petitioners have met the second qualification. An item fails to meet the second qualification that it be for carrying on a trade or business if it is a preopening expense. A preopening expense is an expense incurred between the decision to establish a business and the actual beginning of business operations. See, e.g, Richmond Television Corp. v. United States, 345 F.2d 901, 907 (4th Cir. 1965), vacated and remanded on other issues 382 U.S. 68 (1965), original holding on this issue reaffd. 354 F.2d 410, 411 (4th Cir. 1965),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011