Bruce A. and Kathy J. Krist - Page 6




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          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 the              






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