Leo and Alla Goldberg - Page 51

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               Business School                                                        
               Petitioners claimed $28,417 of expenses related to the                 
          business school on their 1991 Schedule C.  Respondent disallowed            
          all of the claimed deductions.                                              
               We found as a fact that petitioners paid at least $20,033 of           
          expenses associated with the AESI contract, including $9,240 to             
          AESI and $10,793 for gasoline, travel, lodging, meals, and                  
          entertainment.  Petitioners have failed to substantiate any                 
          additional expenses.  We must thus determine whether the                    
          substantiated expenses are ordinary and necessary and, therefore,           
          deductible.                                                                 
               Section 162(a) allows a deduction for "all the ordinary and            
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business".  "Ordinary" has been defined            
          as that which is "normal, usual, or customary" in the taxpayer's            
          particular trade or business.  Deputy v. du Pont, 308 U.S. 488,             
          495 (1940).  The expense need not be one common for the                     
          particular taxpayer, but instead one that is not rare in the                
          taxpayer's business.  See Welch v. Helvering, 290 U.S. 111, 114             
          (1933).  The substantiated expenses included "normal" expenses              
          for the conduct of a business school abroad, including travel to            
          and from Russia for petitioner and the faculty; the expenses for            
          AESI's building the curriculum and locating the faculty; the                
          food, meals, and lodging for the faculty in Russia; and the                 
          travel, food, meals, and lodging for the top students from Russia           
          who came to the United States after the school.                             



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