- 6 - as paid to Brett. Petitioner stated that the complete records were in a spiral notebook. However, he destroyed the pages in the notebook on a weekly basis. In the notice of deficiency respondent disallowed the following expenses claimed by petitioners on Schedule C of their 1995 Federal income tax return that pertained to the locksmith business: Advertising $ 5,350 Commissions 12,105 Telephone 1,252 Home office 960 Supplies 1,704 Car/truck 1,495 OPINION Section 162(a) allows the deduction of "ordinary and necessary" expenses paid or incurred during the taxable year in carrying on a trade or business. Whether an expenditure is ordinary and necessary is a question of fact. Commissioner v. Heininger, 320 U.S. 467, 475 (1943). An ordinary and necessary expense is one which is appropriate and helpful to the taxpayer's business and which results from an activity that is a common and accepted practice in the business. Boser v. Commissioner, 77 T.C. 1124, 1132 (1981), affd. without published opinion (9th Cir. 1983). We find petitioner's testimony to be truthful. It is clear that petitioner operated a locksmith business in 1995. In thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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