Ronald and Sue M. Leschke - Page 5




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          Christmas Bonuses                                                           
               In 1993, R&J distributed Christmas bonuses in the form of              
          one $100 bill to each of 42 employees.  The $4,200 expended in              
          this manner was deducted by R&J in 1993 as an “Administrative”              
          expense and was not included in the wages of the recipients.                
          This deduction was disallowed in full by respondent.                        
                                     Discussion                                       
          I.  General Rules                                                           
               Deductions are a matter of “legislative grace”, and “a                 
          taxpayer seeking a deduction must be able to point to an                    
          applicable statute and show that he comes within its terms.”  New           
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); see also           
          Rule 142(a).  As a general rule, section 162(a) authorizes a                
          deduction for “all the ordinary and necessary expenses paid or              
          incurred during the taxable year in carrying on any trade or                
          business”.  An expense is ordinary for purposes of this section             
          if it is normal or customary within a particular trade, business,           
          or industry.  See 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. Heininger, 320            
          U.S. 467, 471 (1943).                                                       
               In addition to the above criteria for deductibility under              
          section 162, certain categories of expenses must also satisfy the           
          strict substantiation requirements of section 274 in order for a            






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