- 65 - 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 & PlatinumPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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