Merlin A. and Dee D. Steger - Page 7




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          expense incurred by petitioner in closing his business.  It has             
          long been established that the cost of dissolution and                      
          termination of a business constitutes "an everyday happening in             
          the business world, and in this sense it is quite an ordinary               
          affair under the test of the Welch case [Welch v. Helvering, 290            
          U.S. 111 (1933), defining what constitutes an "ordinary" and                
          "necessary" business expense]" and is therefore deductible when             
          "directly connected with, or, as otherwise stated                           
          * * * proximately resulted from the taxpayer's business."                   
          Pacific Coast Biscuit Co. v. Commissioner, 32 B.T.A. 39, 43                 
          (1935).                                                                     
               There is no dispute that petitioner ceased to operate his              
          business and that he retired from the practice of law in 1993.              
          There is also no dispute that the expenditure was directly                  
          connected with petitioner's business, nor that the cost was                 
          necessary in the course of petitioner's business.  Under the                
          facts of this case, as an attorney ceasing to practice law, it              
          was also "ordinary" for petitioner to purchase nonpracticing                
          malpractice insurance upon ceasing to practice law.  Welch v.               
          Helvering, 290 U.S. 111, 113-115 (1933).  Thus, if the Policy is            
          not a capital asset, petitioners would be entitled to deduct its            
          cost as an ordinary and necessary closing expense in 1993.                  








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