Menard, Inc. - Page 68

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          amount of the deductions.  See sec. 6001; sec. 1.6001-1(a),                 
          Income Tax Regs.                                                            
               Section 162(a) requires a taxpayer to prove that the                   
          expenses deducted (1) were paid or incurred during the taxable              
          year, (2) were incurred to carry on the taxpayer’s trade or                 
          business, and (3) were ordinary and necessary expenditures of the           
          business.  See also Commissioner v. Lincoln Sav. & Loan                     
          Association, 403 U.S. 345, 352 (1971).  An expense is ordinary if           
          it is customary or usual within a particular trade, business, or            
          industry or relates to a transaction “of common or frequent                 
          occurrence in the type of business involved.”  Deputy v. du Pont,           
          308 U.S. 488, 495 (1940).  An expense is necessary if it is                 
          appropriate and helpful for the development of the business.  See           
          Commissioner v. Heininger, 320 U.S. 467, 471 (1943).  Even if an            
          expense is ordinary and necessary, however, the expense is                  
          deductible only to the extent that it is reasonable in amount.              
          See United States v. Haskell Engg. & Supply Co., 380 F.2d 786,              
          788-789 (9th Cir. 1967); Ciaravella v. Commissioner, T.C. Memo.             
          1998-31.  In general, a taxpayer who pays another taxpayer’s                
          business expenses may not treat those payments as ordinary and              
          necessary expenses incurred in the payor’s business.  See                   
          Columbian Rope Co. v. Commissioner, 42 T.C. 800, 815 (1964); see            
          also Interstate Transit Lines v. Commissioner, 319 U.S. 590                 
          (1943); Deputy v. du Pont, supra at 495; S. Am. Gold & Platinum             






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