- 109 - expenditure which is amortized or depreciated over time. See id. at 83-84. Section 162(a) allows as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. Conversely, section 262(a) disallows any deduction, except as otherwise expressly provided in the Code, for personal, living, or family expenses. And, section 263(a) disallows a current deduction for any capital expenditure; i.e., an amount paid out for new buildings or for permanent improvements or betterments made to increase the value of any property or estate. See id. To qualify for a deduction under section 162(a), an item must: (1) Be paid or incurred during the taxable year, (2) be for carrying on any trade or business, (3) be an expense, (4) be a necessary expense, and (5) be an ordinary expense. Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 352 (1971). We are primarily concerned here with the second requirement; i.e., whether petitioner incurred the expenses while carrying on a trade or business. “[T]o be engaged in a trade or business, the taxpayer must be involved in the activity with continuity and regularity and that the taxpayer’s primary purpose for engaging in the activity must be for income or profit. A sporadic activity, a hobby, or an amusement diversion does not qualify.” Commissioner v.Page: Previous 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 Next
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