- 17 - v. Commissioner, supra at 83-84, explained: The primary effect of characterizing a payment as either a business expense or a capital expenditure concerns the timing of the taxpayer's cost recovery: While business expenses are currently deductible, a capital expenditure usually is amortized and depreciated over the life of the relevant asset, or, where no specific asset or useful life can be ascertained, is deducted upon dissolution of the enterprise. * * * Through provisions such as these, the Code endeavors to match expenses with the revenues of the taxable period to which they are properly attributable, thereby resulting in a more accurate calculation of net income for tax purposes. * * * To qualify as an allowable deduction under section 162(a), an item must (1) be paid or incurred during the taxable year, (2) be for carrying on any trade or business, (3) be an expense, (4) be a necessary expense, and (5) be an ordinary expense. Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 352 (1971). Respondent argues that the legal fees were neither “ordinary” nor “for carrying on any trade or business” but were expenditures associated with the acquisition of a capital asset. In one sense, the term “ordinary” in section 162 prevents the deduction of expenses that are not normally incurred in the type of business in which the taxpayer is engaged (“ordinary” in the sense of “normal, usual, or customary” in a taxpayer’s trade or business). Deputy v. Du Pont, 308 U.S. 488, 495 (1940). More importantly, the term “ordinary” serves as a means to “clarify the distinction, often difficult, between those expenses that are currently deductible and those that are in the nature of capitalPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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