- 27 - it is normal, usual, or customary within a particular trade, business, or industry or arises from a transaction “of common or frequent occurrence in the type of business involved.” Deputy v. du Pont, 308 U.S. 488, 495 (1940). An expense is necessary if it is appropriate and helpful for the development of the business. See Commissioner v. Lincoln Sav. & Loan Association, supra at 353; Commissioner v. Heininger, 320 U.S. 467, 471 (1943). Section 262(a) disallows deductions for personal, living, or family expenses. See also sec. 1.162-17(a), Income Tax Regs. Section 162 also allows a taxpayer to deduct ordinary and necessary business expenses in excess of reimbursements from the taxpayer’s employer. See sec. 1.162-17(b)(3), Income Tax Regs. If the employee’s ordinary and necessary business expenses exceed the total of the amounts charged directly or indirectly to the employer and received from the employer as advances, reimbursements, or otherwise, and the employee is required to and does account to his employer for such expenses, the taxpayer may * * * claim a deduction for such excess. [Id.] If the taxpayer wishes to secure a deduction for such excess, he must submit a statement with his return showing: (1) “The total of any charges paid or borne by the employer and of any other amounts received from the employer for payment of expenses whether by means of advances, reimbursements or otherwise”, sec. 1.162-17(b)(3)(i), Income Tax Regs.; and (2) “The nature of his occupation, the number of days away from home on business, and the total amount of ordinary and necessaryPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011