- 15 - under * * * [section 162(a)] of an expense paid or incurred in carrying on any trade or business.” [Estate of Davis v. Commissioner, 79 T.C. 503, 507 (1982) (quoting from H. Rept. 2333, 77th Cong., 2d Sess. (1942), 1942-2 C.B. 372, 430; S. Rept. 1631, 77th Cong., 2d Sess. (1942), 1942-2 C.B. 504, 571, the legislative history to the predecessor of section 212). For purposes of the instant case, section 212 must be applied in the light of section 262(a),5 which generally disallows deductions for personal expenses. In United States v. Gilmore, 372 U.S. 39, 44, 45-46 (1963), the Supreme Court described as follows the relevant relationships between the 1939 Code predecessors of sections 162(a) (sec. 23(a)(1)), 212 (sec. 23(a)(2)), and 262(a) (sec. 24(a)(1)): I. For income tax purposes Congress has seen fit to regard an individual as having two personalities: “one is [as] a seeker after profit who can deduct the expenses incurred in that search; the other is [as] a creature satisfying his needs as a human and those of his family but who cannot deduct such consumption and related expenditures.”11 The Government regards � 23(a)(2) as embodying a category of the expenses embraced in the first of these roles. * * * * * * * A basic restriction upon the availability of a � 23(a)(1) deduction is that the expense item involved must be one that has a business origin. That restriction not only inheres in the language of � 23(a)(1) itself, confining 5 SEC. 262. PERSONAL, LIVING, AND FAMILY EXPENSES. (a) General Rule.--Except as otherwise expressly provided in this chapter [chapter 1, relating to normal taxes and surtaxes], no deduction shall be allowed for personal, living, or family expenses.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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