Sutherland Lumber-Southwest, Inc. - Page 6




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          deduct some amount in connection with that same use.  We consider           
          whether petitioner, under section 274, may deduct its aircraft              
          operating costs in full or whether petitioner’s deduction is                
          limited to the amount reportable as compensation by the                     
          employees.  In that regard, the parties agree that, without                 
          considering section 274, petitioner has correctly deducted its              
          expenses incurred in operating the aircraft and notified its                
          employees to report the value of the use of the aircraft.                   
               Section 162(a) generally provides that a taxpayer is                   
          allowed a deduction for all ordinary and necessary expenses paid            
          or incurred by the taxpayer in carrying on a trade or business.             
          An expenditure is “ordinary and necessary” if the taxpayer                  
          establishes that it is directly connected with, or proximately              
          related to, the taxpayer’s activities.  See Bingham’s Trust v.              
          Commissioner, 325 U.S. 365, 370 (1945).  Deductions are a matter            
          of legislative grace, and petitioner must prove that it is                  
          entitled to the claimed deductions.  See Rule 142(a); INDOPCO,              
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435 (1934).                                      
               As an ordinary expense of carrying on a trade or business, a           
          taxpayer/employer may deduct expenses paid as compensation for              
          personal services.  See sec. 162(a)(1).  If the compensation is             
          paid in the form of noncash fringe benefits, section 1.162-25T,             
          Temporary Income Tax Regs., 50 Fed. Reg. 747, 755 (Jan. 7, 1985),           





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