John Weller Wood, Jr., and Magdalena Frances Wood - Page 23

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               A.   Expenses                                                          
               Taxpayers generally may deduct expenses that are ordinary              
          and necessary in carrying on a trade or business.  Sec. 162(a).             
          Also, taxpayers generally may deduct expenses that are ordinary             
          and necessary for (1) the production or collection of income, or            
          (2) the management, conservation, or maintenance of property held           
          for the production of income.  Sec. 212(1) and (2).  Further,               
          while business expenses and expenses related to income-producing            
          property are currently deductible, a taxpayer is not entitled to            
          deduct a capital expenditure; i.e., an amount paid for new                  
          property or for permanent improvements or betterments made to               
          increase the value of any property or estate.12  Sec. 263(a)(1).            
          Instead, a depreciation deduction may be allowed if the property            
          is used in a trade or business or held for the production of                
          income.  Sec. 167; see INDOPCO, Inc. v. Commissioner, 503 U.S.              
          79, 83-84 (1992).  Personal, living, and family expenses, on the            
          other hand, may not be deducted unless the Internal Revenue Code            
          expressly provides otherwise; e.g., State and local real property           
          taxes are deductible pursuant to section 164(a)(1).  Sec. 262(a).           
          The statutory prohibitions of sections 262 and 263 regarding                
          deductibility of personal and capital expenses take precedence              
          over the allowance provisions of sections 162 and 212.                      


               12Generally, the cost of acquisition of property having a              
          useful life substantially beyond the taxable year is a capital              
          expenditure.  Sec. 1.263(a)-2(a), Income Tax Regs.                          




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