Richard A. Gerstenberger - Page 14




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          ordinary if it is considered normal, usual, or customary in the             
          context of the particular business out of which it arose.  See              
          Deputy v. du Pont, 308 U.S. 488, 495-496 (1940).  Ordinarily, an            
          expense is necessary if it is appropriate and helpful to the                
          operation of the taxpayer's trade or business.  See Commissioner            
          v. Tellier, 383 U.S. 687, 689 (1966); Carbine v. Commissioner, 83           
          T.C. 356, 363 (1984), affd. 777 F.2d 662 (11th Cir. 1985).                  
               On the record before us, we find that petitioner has failed            
          to establish (1) that he incurred and paid all of the claimed               
          Schedule C expenses, (2) that he was engaged in any trade or                
          business, other than that of being an employee of Wilder and of             
          Goodfellow, and (3) that any of the claimed Schedule C expenses             
          are ordinary and necessary to any trade or business in which                
          petitioner claims to have engaged.                                          
               With respect to the depreciation claimed in Schedule C, on             
          the record before us, we find that petitioner has failed to prove           
          that any of the properties with respect to which such deprecia-             
          tion was claimed was used in a trade or business of petitioner or           
          held by him for the production of income.8  See sec. 167(a).                
               Based on our examination of the entire record before us, we            
          find that petitioner has failed to show that he is entitled to              


               8Assuming arguendo that petitioner had established that                
          properties on which depreciation was claimed in Schedule C were             
          used in a trade or business or held for the production of income,           
          we find on the instant record that petitioner has failed to prove           
          his respective bases in any such properties.  See sec. 167(c).              





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