- 15 - 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 provingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011