Tae M. Kim and Young J. Kim - Page 5




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          carrying on a trade or business.  An "ordinary" expense is one              
          that relates to a transaction of "common or frequent occurrence             
          in the type of business involved", Deputy v. du Pont, 308 U.S.              
          488, 495 (1940), and a "necessary" expense is one that is                   
          "appropriate and helpful for the development of the petitioner's            
          business", Welch v. Helvering, 290 U.S. 111, 113 (1933).  Whether           
          an expenditure is ordinary and necessary is a question of fact.             
          See Commissioner v. Heininger, 320 U.S. 467, 475 (1943).                    
               We are convinced that petitioner carried on an engineering             
          business under the business name of ADE during the taxable years            
          in issue.  We are left to decide whether petitioners have                   
          substantiated what petitioner claims to have paid for ordinary              
          and necessary trade or business expenses during 1993 and 1994 in            
          excess of the amounts allowed and conceded by respondent.                   
               Taxpayers must generally keep sufficient records to                    
          establish the amounts of claimed deductions.  See sec. 6001;                
          Meneguzzo v. Commissioner, 43 T.C. 824, 831-832 (1965).  To be              
          entitled to a deduction under section 162(a), a taxpayer is                 
          required to substantiate his expenses through the maintenance of            
          books and records.  With certain exceptions, in the event that a            
          taxpayer establishes that a deductible expense has been paid but            
          is unable to substantiate the precise amount, we may estimate the           
          amount of the deductible expense, bearing heavily against the               
          taxpayer whose inexactitude in substantiating the amounts of the            






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