Christopher A. Boyko and Roberta A. Boyko - Page 15

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          asserts that the payments are deductible as an ordinary and                 
          necessary business expense in petitioner's separate business of             
          developing computer software.  Second, petitioner contends that             
          the payments are deductible as an ordinary and necessary expense            
          of petitioner's law practice because they were incurred to                  
          protect petitioner's professional reputation as an attorney.                
          Respondent contends that the payments were not ordinary and                 
          necessary expense of petitioner's law practice and that                     
          petitioner's only trade or business was the practice of law.                
          Respondent argues that the payments are allowable as a capital              
          loss deduction to petitioner, subject to the capital loss                   
          deduction limitation rules of section 1211.  We address each                
          argument separately.                                                        
               Section 162(a) provides for a deduction for "ordinary and              
          necessary" expenses paid or incurred during the taxable year in             
          carrying on a trade or business.  Sanford v. Commissioner, 50               
          T.C. 823, 826 (1968), affd. per curiam 412 F.2d 201 (2d Cir.                
          1969).  An ordinary and necessary expense is one that is                    
          appropriate and helpful to the taxpayer's business and that                 
          results from an activity which is a common and accepted practice.           
          Boser v. Commissioner, 77 T.C. 1124, 1132 (1981), affd. by order            
          (9th Cir., Dec. 22, 1983).  Deductions are a matter of                      
          legislative grace, and petitioner bears the burden of proving               







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