- 26 - B. Ordinary and Necessary In Trust of Bingham v. Commissioner, 325 U.S. 365, 373-374 (1945), the Supreme Court described section 23(a)(2), I.R.C. 1939,6 as follows: Section 23(a)(2) is comparable and in pari materia with � 23(a)(1), authorizing the deduction of business or trade expenses. Such expenses need not relate directly to the production of income for the business. It is enough that the expense, if “ordinary and necessary,” is directly connected with or proximately results from the conduct of the business. The effect of � 23(a)(2) was to provide for a class of nonbusiness deductions coextensive with the business deductions allowed by � 23(a)(1), except for the fact that, since they were not incurred in connection with a business, the section made it necessary that they be incurred for the production of income or in the management or conservation of property held for the production of income. [Emphasis added; citations omitted.] We have concluded supra that there is the necessary proximate relationship between the Payments and petitioner’s efforts to produce or collect income or to manage, conserve, or maintain her income beneficiary interest. We will not attempt to comprehensively summarize the meanings of “ordinary” and “necessary” in the contexts of sections 162(a) and 212. See Carbine v. Commissioner, 83 T.C. 356, 362-364 (1984), affd. 777 F.2d 662 (11th Cir. 1985). Suffice it to observe that generally a taxpayer’s payment of a 6 The year before the Court in Trust of Bingham v. Commissioner, 325 U.S. 365 (1945), was 1940. Sec. 23(a)(2), I.R.C. 1939, was enacted in 1942; it applied to Trust of Bingham because of the retroactive effective date of the 1942 enactment. This is briefly described in Trust of Bingham v. Commissioner, 2 T.C. 853, 857-858 (1943), the Tax Court’s Court-reviewed opinion that was affirmed by the Supreme Court.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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