Cascade Designs, Inc. - Page 20




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               We begin by noting that, as a general rule, respondent's               
          determinations of fact are presumptively correct, and petitioner            
          bears the burden of proving otherwise.  See Rule 142(a); Welch v.           
          Helvering, 290 U.S. 111, 115 (1933).                                        
               Section 162(a) allows deductions for all the ordinary and              
          necessary expenses paid or incurred during the taxable year in              
          carrying on any 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, supra at 113.                   
               Taxpayers do not have an inherent right to take tax                    
          deductions.  Deductions are a matter of legislative grace, and a            
          taxpayer bears the burden of proving entitlement to any deduction           
          claimed.  See Deputy v. du Pont, supra at 493; New Colonial Ice             
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  The determination of           
          whether an expenditure satisfies the requirements for                       
          deductibility under section 162 is a question of fact.  See                 
          Commissioner v. Heininger, 320 U.S. 467, 475 (1943); Granberg               
          Equip., Inc. v. Commissioner, 11 T.C. 704, 715 (1948).                      
               Cascade promised in the 1982 agreement to pay Lea more for             
          the patents initially transferred in 1979.  We must decide                  








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