- 15 - 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).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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