- 12 - if it is normal or customary within a particular trade, business, or industry. 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. Commissioner v. Heininger, 320 U.S. 467, 471 (1943). Implicit in the foregoing definitions is the concept that a taxpayer must in fact be “carrying on” a trade or business for expenditures to be deductible under section 162. This limitation is made explicit in section 195, as follows: SEC. 195. START-UP EXPENDITURES. (a) Capitalization of Expenditures.--Except as otherwise provided in this section, no deduction shall be allowed for start-up expenditures. (b) Election To Amortize.-- (1) In general.--Start-up expenditures may, at the election of the taxpayer, be treated as deferred expenses. Such deferred expenses shall be allowed as a deduction prorated equally over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the active trade or business begins). (2) Dispositions before close of amortization period.--In any case in which a trade or business is completely disposed of by the taxpayer before the end of the period to which paragraph (1) applies, any deferred expenses attributable to such trade or business which were not allowed as a deduction by reason of this section may be deducted to the extent allowable under section 165. (c) Definitions.--For purposes of this section-- (1) Start-up expenditures.--The term “start- up expenditure” means any amount--Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011