Sharon Purcell DiLeonardo - Page 26




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          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.                                     



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