- 5 - petitioners were liable, pursuant to section 6662(a), for an accuracy-related penalty of $108. OPINION I. Trade or Business Expense Deductions Section 162(a) permits the deduction of expenses paid or incurred during the taxable year in carrying on a trade or business. To be deductible, the expenditure must be an ordinary and necessary expenditure of the business. Sec. 162(a); Welch v. Helvering, 290 U.S. 111, 113 (1933). An expense is ordinary if it is customary or usual within a particular trade, business, or industry. Deputy v. Du Pont, 308 U.S. 488, 495 (1940). An expense is necessary if it is appropriate and helpful for the business. Commissioner v. Heininger, 320 U.S. 467, 471 (1943). Section 262 disallows deductions for personal, living, or family expenses. Petitioners bear the burden of proving their entitlement to the deductions. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). During the years in issue, petitioners' day-care service generated $7,669 in revenue while incurring $106,333 in expenses. On the whole, it is readily apparent that petitioners have used their day-care service as a means to deduct virtually all of their personal expenses. For example, petitioners in 1993 deducted the cost of 632 meals as business expenses. Mr. SimpsonPage: Previous 1 2 3 4 5 6 7 8 9 Next
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