Kanhua and Lihying Young - Page 7




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          source of income was her children and other individuals for whom            
          advice was provided by OMNIX.                                               
               Respondent asserts that OMNIX' claimed expenses are not                
          "ordinary and necessary" expenses incurred in the carrying on of            
          business.  Respondent also asserts that the disputed items                  
          claimed have not been substantiated.                                        
               Section 162 generally allows a deduction for ordinary and              
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  An ordinary and necessary                 
          expense is one which is appropriate and helpful to the taxpayer's           
          business and which results from an activity which is common and             
          accepted practice.  See Boser v. Commissioner, 77 T.C. 1124, 1132           
          (1981), affd. without published opinion (9th Cir. 1983); Shores             
          v. Commissioner, T.C. Memo. 1998-193; Irwin v. Commissioner, T.C.           
          Memo. 1996-490, affd. without published opinion 131 F.3d 146 (9th           
          Cir. 1997).  Whether an expense is "ordinary and necessary" is              
          generally a question of fact.  See Commissioner v. Heininger, 320           
          U.S. 467, 475 (1943); Walliser v. Commissioner, 72 T.C. 433, 437            
          (1979); Shores v. Commissioner, supra.                                      
               OMNIX claimed deductions for business expenses in the                  
          amounts of $40,913 and $28,393 in 1994 and 1995, respectively.              
          Petitioner has provided no credible testimony regarding the                 
          expenses at issue.  Testimony given on the matter was both vague            
          and inconsistent.  We cannot conclude that OMNIX conducted any              





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