- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011