Fabian Vaksman - Page 11




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               However, petitioner’s claim that the expense in question is            
          deductible is based principally not on the theory that the                  
          expense is “educational”, but rather on the theory that                     
          petitioner’s “affiliation” with the University was essential for            
          him to generate business.12                                                 
               In order for an expense to be deductible as a business                 
          expense, the expense must be ordinary and necessary.  See sec.              
          162(a).  An expense is “ordinary” if it is "normal, usual, or               
          customary" in the taxpayer's trade or business.  Deputy v. du               
          Pont, 308 U.S. 488, 495 (1940) (citing Welch v. Helvering, 290              
          U.S. 111, 114 (1933)).  An expense is "necessary" if it is                  
          "appropriate and helpful".  Welch v. Helvering, supra at 113.  In           
          deciding whether an expense is ordinary and necessary, we                   
          generally focus on whether there is a reasonably proximate                  
          relationship between the expense and the taxpayer's trade or                
          business.  See Henry v. Commissioner, 36 T.C. 879, 884 (1961).              
          Conclusory statements by a taxpayer that the expense was incurred           
          in pursuit of the taxpayer’s trade or business are not sufficient           


               12 According to petitioner, when someone needs a Russian               
          translator:                                                                 
               what they do is they call the university and they try                  
               to find within the university who knows someone there                  
               who can do this.  So if I’m not affiliated, my name                    
               will not come up.  Usually they call a professor of                    
               Russian, but they could call a lot of people, and                      
               that’s how this business–-the Davis Petroleum business                 
               was generated exactly that way.                                        





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