Carlton H. Perry - Page 16

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               In general, for purposes of section 162(a) and section 212,            
          an expense is ordinary if it is considered normal, usual, or                
          customary in the context of the particular business or income-              
          producing activity out of which it arose.  See, e.g., Deputy v.             
          du Pont, 308 U.S. 488, 495-496 (1940); Estate of Davis v. Commis-           
          sioner, 79 T.C. 503, 507 (1982).  Ordinarily, for purposes of               
          those sections, an expense is necessary if it is appropriate and            
          helpful to the operation of the taxpayer's trade or business or             
          income-producing activity.  See, e.g., Commissioner v. Tellier,             
          383 U.S. 687, 689 (1966); Estate of Davis v. Commissioner, supra.           
               Petitioner testified generally that the meal expenses at               
          issue are expenses that were incurred in connection with his                
          rental real estate activities because he used the time that he              
          spent at various restaurants to establish a business relationship           
          with the restaurant's waiters, waitresses, and patrons, who                 
          assisted him in the promotion of his rental real estate by refer-           
          ring prospective tenants to him.  The meal expenses incurred by             
          petitioner during 1989 reflected the cost of meals for petitioner           
          and Ms. Perry.  During that year, petitioner did not at any time            
          buy meals for prospective tenants and did not typically buy meals           
          for then current tenants.  The record does not establish the                
          identity of any tenants or other individuals associated with his            
          rental real estate activities for whom petitioner bought meals              
          during 1989, the amounts expended on any such meals, the dates or           
          times that he bought any such meals, or the business that was               




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