Scott C. and Patricia A. Simpson - Page 5

                                        - 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. Simpson           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011