Wilburn C. Hall, Jr. - Page 51

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        entertainment expense deductions for the period before the Board              
        of Tax Appeals. We concluded that he had spent much for these                 
        purposes and that expenditures of that sort were deductible.                  
        Nevertheless we did not allow any deduction, because the taxpayer             
        could not give specific information as to any particular                      
        expenditure. The Circuit Court of Appeals for the Second Circuit              
        directed as follows:                                                          
        the Board should make as close an approximation as it can, bearing            
        heavily if it chooses upon the taxpayer whose inexactitude is of              
        his own making. But to allow nothing at all appears to us                     
        inconsistent with saying that something was spent. True, we do not            
        know how many trips Cohan made, nor how large his entertainments              
        were; yet there was obviously some basis for computation, if                  
        necessary by drawing upon the Board's personal estimates of the               
        minimum of such expenses. * * * [Cohan v. Commissioner, 39 F.2d at            
        544.]                                                                         

        Section 162(a)13 allows a deduction for "all the ordinary                     
        and necessary expenses paid or incurred during the taxable year               
        in carrying on any trade or business". Section 1.162-1(a),                    
        Income Tax Regs., provides the general rule that deductible                   
        business expenses "include the ordinary and necessary                         
        expenditures directly connected with or pertaining to the                     
        taxpayer's trade or business". Thus, to satisfy the requirements              
        of section 162(a), an expense must be ordinary and necessary and              

               13Sec. 162(a) provides, in pertinent part, as follows:                 
          SEC. 162. TRADE OR BUSINESS EXPENSES.                                       
          (a) In General.--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, * * *                                                             




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