- 8 - sources, petitioner seeks to deduct the following additional expenses relating to his aviation activities, not previously claimed on his return and not agreed to by respondent (the unagreed expenses): Year Amount 1989 $40,074 1990 53,372 1991 1 47,504 1 This amount includes additional depreciation of $20,847 that petitioner is claiming on one of his aircraft. The $47,504 amount is also based, in part, on petitioner’s alleged duplicate living expenses assuming that Nashville, Tenn., is petitioner’s tax home. If Minneapolis, Minn., is assumed to be petitioner’s tax home, the amount claimed is $43,476. Section 162 generally allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. An expense is ordinary if it is customary or usual within a particular trade, business, or industry or relates to a transaction “of common or frequent occurrence in the type of business involved.” 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. Commissioner v. Heininger, 320 U.S. 467, 471 (1943). Expenses that are personal in nature are generally not allowed as deductions. Sec. 262(a). When a taxpayer establishes that he has incurred deductible expenses but is unable to substantiate the exact amounts, we can estimate the deductible amount, but only if the taxpayer presentsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011