17 A. Ordinary Ordinary expenses have been described as "normal, usual, or customary". Deputy v. du Pont, 308 U.S. at 495. Ordinary has been used to distinguish currently deductible expenses from capital expenses, such as startup costs or acquisition costs, or costs in defending title. Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345 (1971); Woodward v. Commissioner, 397 U.S. 572 (1970); Carl Reimers Co. v. Commissioner, 211 F.2d 66 (2d Cir. 1954), affg. 19 T.C. 1235 (1953). An expense may be deductible as one incurred in the ordinary course of business, even if it is unlikely to recur. Welch v. Helvering, 289 U.S. 111, 114 (1933). The Supreme Court in Commissioner v. Heininger, 320 U.S. 467, 471 (1943), allowed a deduction for legal fees where obtaining legal representation was the normal response of one whose business was threatened by a law suit. See also Kanelos v. Commissioner, a Memorandum Opinion of this Court dated Sept. 21, 1943. Respondent argues that the origin of the claim giving rise to the legal expenses here in issue was capital in nature because the claim involved the sale of a capital asset (namely, the ERG stock), and because Peters undertook to defend against the claim in order to prevent disgorgement of proceeds of insider trading. Respondent contends that under Barrett v. Commissioner, 96 T.C. 713 (1991), such legal fees are not currently deductible.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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