- 5 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011