David J. Lychuk and Mary K. Lychuk, et al. - Page 35




                                       - 32 -                                         
          F.2d 433 (8th Cir. 1979) (collectively, credit card cases).16               
          Petitioners assert that the credit card cases hold that recurring           
          expenses are deductible under section 162(a) whenever the                   
          expenses are incurred in the ordinary course of business.                   
          Petitioners also point to INDOPCO, Inc. v. Commissioner, supra,             
          and contend that the Supreme Court acknowledged there that an               
          expense’s recurring nature is critical to qualifying it as                  
          deductible under section 162(a).                                            
               We disagree with petitioners’ argument that section 162(a)             
          allows ACC to deduct the expenses that recur in the ordinary                
          course of its business merely by virtue of the fact that the                
          expenses are everyday and/or routine in nature.  In order for a             
          payment to be deductible under section 162(a), the underlying               
          expense must not only be “normal, usual, or customary” in the               
          type of business involved, Deputy v. du Pont, 308 U.S. at 495, it           
          must be realized and exhausted in the year of payment, see                  
          Stevens v. Commissioner, 388 F.2d at 300.  Although an employer’s           
          payment of salaries and benefits similar to the ones at issue               
          will usually generate for the employer benefits that will be                
          realized and exhausted in the year of payment, the same is not              
          true when those items are directly related to the employer’s                
          acquisition of a capital asset such as an installment contract.             


               16 Petitioners also rely on Bankers Dairy Credit Corp. v.              
          Commissioner, 26 B.T.A. 886 (1932).                                         





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