- 7 - rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity. Structurally, section 162 is included in part VI (Itemized Deductions For Individuals And Corporations) of subchapter B (Computation of Taxable Income) of chapter 1 (Normal Taxes And Surtaxes) of subtitle A (Income Taxes) of title 26 (Internal Revenue Code) of the United States Code. The relevance of the placement of section 162 within the Internal Revenue Code will become apparent momentarily. Also included within part VI is section 161. That section provides as follows: In computing taxable income under section 63, there shall be allowed as deductions the items specified in this part [i.e., part VI], subject to the exceptions provided in part IX (sec. 261 and following, relating to items not deductible). [Emphasis added.] Section 261, which is entitled “General Rule For Disallowance Of Deductions”, provides that “In computing taxable income no deduction shall in any case be allowed in respect of the items specified in this part [i.e., part IX].” One of the sections included in part IX is section 280A. At this point it should be apparent that section 162 is subject to the exceptions and constraints of section 280A. See New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934) (oft cited for the proposition that deductions are a matter ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011