- 18 - expenditures, which, if deductible at all, must be amortized over the useful life of the asset.” Commissioner v. Tellier, 383 U.S. 687, 689-690 (1966). Expenses incurred in defending a business and its policies from attack are generally ordinary and necessary--and deductible- -business expenses. See, e.g., Commissioner v. Heininger, 320 U.S. 467 (1943) (a dentist's mail order business faced ruin when the Postmaster General deprived him of access to the mails; the Supreme Court held that his legal fees, incurred in litigating the propriety of the Postmaster General’s order, were properly deductible as ordinary and necessary business expenses); Commissioner v. Tellier, supra (holding that the taxpayer’s legal costs “incurred in his defense against charges of past criminal conduct” arising out of his business activities were deductible under section 162). On the other hand, no current deduction is allowed for a capital expenditure. See sec. 263(a); INDOPCO, Inc. v. Commissioner, supra at 83. A particular cost, no matter what its type, may be deductible in one context but may be required to be capitalized in another context. Simply because other cases have allowed a current deduction for similar expenses in different contexts does not require the same result here. For example, in Commissioner v. Idaho Power Co., 418 U.S. 1, 13 (1974), the Supreme Court made the following observation about wages paid by a taxpayer in itsPage: 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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