E.W. Richardson - Page 39

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          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) provides              





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