Michael P. and Pamela J. Hopkins - Page 15

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          deductions at issue.18                                                      
               Section 162(a) generally allows a deduction for ordinary and           
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  The determination of whether            
          an expense satisfies the requirements for deductibility under               
          that section is a question of fact.  Commissioner v. Heininger,             
          320 U.S. 467, 475 (1943); Hearn v. Commissioner, 309 F.2d 431               
          (9th Cir. 1962), affg. 36 T.C. 672 (1961).                                  
               In general, an expense is ordinary if it is considered                 
          normal, usual, or customary in the context of the particular                
          business out of which it arose.  Deputy v. du Pont, 308 U.S. 488,           
          495-496 (1940).  In general, an expense is necessary if it is               
          appropriate and helpful to the taxpayer’s trade or business.                
          Commissioner v. Tellier, 383 U.S. 687, 689 (1966); Carbine v.               
          Commissioner, 83 T.C. 356, 363 (1984), affd. 777 F.2d 662 (11th             
          Cir. 1985).                                                                 
               In determining whether an expense is ordinary and necessary            

               18The respective amounts of advertising and/or promotional             
          expense deductions that respondent allowed Mr. Hopkins’s sole               
          proprietorship and Mr. Hopkins’s S Corporation were calculated as           
          approximately 4 percent of the respective gross receipts of those           
          businesses.  We reject any suggestion by respondent that approxi-           
          mately 4 percent of the gross receipts of a taxpayer’s business             
          is the standard to be used in deciding whether the amount of an             
          advertising or promotional expenditure is reasonable under sec.             
          162(a).  We have previously indicated that “we did not intend to            
          create a rule of thumb for determining whether a certain level of           
          expenditure was reasonable or unreasonable” under that section.             
          Gill v. Commissioner, T.C. Memo. 1994-92, affd. without published           
          opinion 76 F.3d 378 (6th Cir. 1996).                                        





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