- 10 - the expense was paid or incurred; (2) that it was paid or incurred during the taxable year in issue; (3) that it was paid or incurred in carrying on a trade or business; and (4) that the expense was ordinary and necessary. Sec. 162; sec. 1.162-1, Income Tax Regs. Petitioners did not pay or incur any additional insurance expenses in the year ended January 26, 1990. All of the claimed amounts were paid in years prior to the year ended January 26, 1990, with regard to insurance contracts entered into and in effect in those prior years. See sec. 461(a). Petitioners made no economic outlay and incurred no liability in the year ended January 26, 1990, that would give rise to a deduction. Therefore, no deduction is allowed under section 162(a). Both parties have argued at length about whether or not certain of the transactions entered into by petitioners and Hanseatic and Eagle, respectively, were "insurance" for tax purposes. We need not decide whether the transactions constituted insurance because nothing occurred in the year ended January 26, 1990, that would entitle petitioners to a deduction even if the transactions were "insurance". Petitioners have also argued that, in order to portray the economic realities of the splitup, a deduction must be allowed. Disallowance of the claimed deduction, however, reflects the following economic realities: Petitioners previously made payments to related insurance companies for which deductions werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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