- 10 - "principal function of the term 'ordinary' * * * is to clarify the distinction, often difficult, between those expenses that are currently deductible and those that are * * * capital expenditures". Additionally, the term "ordinary" has been defined as "normal, usual, or customary". Deputy v. DuPont, 308 U.S. 488, 495 (1940). A payment of an expense is "normal" if it arises from an action that is ordinarily to be expected of one in the taxpayer's position. Commissioner v. Heininger, supra at 471. Although an expense may be incurred only once in a taxpayer's lifetime, it is ordinary if the transaction that gives rise to it is "of common or frequent occurrence in the type of business" in which the taxpayer is engaged. Deputy v. DuPont, supra at 495; Welch v. Helvering, 290 U.S. 111, 114 (1933); see also Lilly v. Commissioner, 343 U.S. 90, 93 (1952). To be "necessary", an expense need only meet the minimal requirement that it be appropriate and helpful for the development of the taxpayer's business. Commissioner v. Tellier, supra at 689. An expense is not to be considered unnecessary simply because the taxpayer could have avoided it by pursuing a different course of conduct. Mason & Dixon Lines, Inc. v. United States, 708 F.2d 1043, 1044-1045 (6th Cir. 1983). As respondent concedes that petitioner's payment of the CME fine was not a capital expenditure within the meaning of section 263, we need not further consider that aspect of the termPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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