- 13 - proceedings. Moreover, had petitioner failed to pay the fine, he would have been denied access to the floor of the CME and thus rendered unable to carry on his floor brokerage business. Additionally, his seat on the exchange could have been sold. By paying the fine, petitioner was able to resume his business activities without further disruption. Based on the foregoing, we hold that petitioner's payment of the CME fine was an ordinary and necessary expense and is therefore properly deductible pursuant to section 162(a). Because we have decided that the payment of the fine is an allowable deduction pursuant to section 162(a), we need not consider petitioner's alternative contention that the fine is deductible as a business loss pursuant to section 165(a) and (c). To reflect the foregoing and concessions, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011