- 9 - the payment of the fine to be an expense of that business. See Commissioner v. Tellier, 383 U.S. 687, 689 (1966); Ostrom v. Commissioner, 77 T.C. 608, 613 (1981). Respondent also concedes that section 162(f), which disallows the deduction of "any fine or similar penalty paid to a government for the violation of any law", does not apply to petitioner's payment of the CME fine. Accordingly, no question as to the allowability of the deduction on public policy grounds is involved. Sec. 1.162-1(a), Income Tax Regs. ("A deduction for an expense * * * which would otherwise be allowable under section 162 shall not be denied on the grounds that allowance of such deduction would frustrate a sharply defined public policy");1 see also S. Rept. 92-437, at 72 (1971), 1972-1 C.B. 559, 599; S. Rept. 91-552, at 247 (1969), 1969-3 C.B. 423, 597. Consequently, the only matter remaining in dispute is whether the payment of the CME fine was "ordinary" and "necessary", which is a question of fact. Commissioner v. Heininger, 320 U.S. 467, 475 (1943). The general guidelines for deciding whether an expense is "ordinary and necessary" are well established. Two significant aspects of the term "ordinary" have been identified by the cases construing section 162(a) and its predecessors. In Commissioner v. Tellier, supra at 689-690, the Supreme Court noted that the 1 The Commissioner has also taken this position in rulings. See, e.g., Rev. Rul. 80-211, 1980-2 C.B. 57.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011