- 39 - deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Section 162(a) allows a taxpayer to deduct ordinary and necessary expenses paid or incurred in carrying on a trade or business. If a corporation owns and maintains property primarily for the benefit of a shareholder, the deductions arising from such property will not be allowable, as such deductions are not incurred in carrying on a trade or business. International Trading Co. v. Commissioner, 275 F.2d 578, 584, 585 (7th Cir. 1960), affg. T.C. Memo. 1958-104; Cirelli v. Commissioner, 82 T.C. 335, 350 (1984); International Artists, Ltd. v. Commissioner, 55 T.C. 94, 104 (1970); Challenge Manufacturing Co. v. Commissioner, 37 T.C. 650, 659-661 (1962); see A.E. Staley Manufacturing Co. v. Commissioner, 105 T.C. 166, 191 (1995). In contrast, where the acquisition and maintenance of property such as an automobile or residence is primarily associated with profit- motivated purposes, and personal use can be said to be distinctly secondary and incidental, a deduction for maintenance expenses and depreciation will be permitted. [International Artists, Ltd. v. Commissioner, supra at 104.] Furthermore, if substantial business and personal motives exist, allocation of the expenditures becomes necessary. Id. at 105; see also International Trading Co. v. Commissioner, supra at 587; Gibson Prods. Co. v. Commissioner, 8 T.C. 654, 660 (1947). In addition to the requirement that deductions be incurred in the conduct of a trade or business, section 162(a) providesPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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