David J. Lychuk and Mary K. Lychuk, et al. - Page 23




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          352-353.  The Supreme Court has stated that a necessary expense             
          is an expense that is appropriate or helpful to the development             
          of the taxpayer’s business, see Commissioner v. Tellier, 383 U.S.           
          687, 689 (1966); Welch v. Helvering, 290 U.S. 111, 113-115                  
          (1933), and that an ordinary expense is an expense that is                  
          “normal, usual, or customary” in the type of business involved,             
          Deputy v. du Pont, 308 U.S. 488, 495-496 (1940); see also Welch             
          v. Helvering, supra at 113-115.  The Supreme Court has observed             
          that the need for an expenditure to be ordinary serves, in part,            
          to “clarify the distinction, often difficult, between those                 
          expenses that are currently deductible and those that are in the            
          nature of capital expenditures, which, if deductible at all, must           
          be amortized over the useful life of the asset.”  Commissioner v.           
          Tellier, supra at 689-690.                                                  
               The fact that a payment falls within a literal reading of              
          section 162(a) does not necessarily mean that the payment is                
          deductible.  Sections 161 and 261, for example, except certain              
          payments from the current deductibility provision of section                
          162(a).  See INDOPCO, Inc. v. Commissioner, 503 U.S. at 84.                 
          Section 161 provides that “there shall be allowed as deductions             
          the items specified in * * * [section 162(a)], subject to the               
          exceptions provided in * * * sec. 261 and following, relating to            
          items not deductible”.  Section 261 provides that “no deduction             








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