Walter L. Medlin - Page 20

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          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.                  






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