Richard Orin Berge - Page 15

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          LLP office and his home in Los Angeles, California, one of which            
          was the Southwestern University School of Law Library.  In other            
          words, respondent argues that petitioner should have conducted              
          his legal research at a law library that was closer to                      
          petitioner’s home and work office than the Chapman Law School               
          Library.  Respondent argues that, since the primary reason                  
          petitioner traveled to the Chapman Law School Library was to                
          visit his family, the mileage associated with this travel is not            
          deductible under section 262 as a personal expense.                         
               Section 162(a) allows a deduction for ordinary and necessary           
          business expenses paid or incurred during the taxable year in               
          carrying on any trade or business.  For an expense to be                    
          “ordinary” the transaction that gives rise to the expense must be           
          of a common or frequent occurrence in the type of business                  
          involved.  Deputy v. du Pont, 308 U.S. 488, 495 (1940).  To be              
          “necessary” an expense must be “appropriate and helpful” to the             
          taxpayer’s business.  Welch v. Helvering, supra at 113-114.  The            
          taxpayer bears the burden of demonstrating that the amount of the           
          expenditure disallowed satisfies the requirements of section 162.           
          Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam           
          540 F.2d 821 (5th Cir. 1976).  “The determination of whether an             
          expenditure satisfies the requirements of section 162 is a                  
          question of fact.”  Shea v. Commissioner, 112 T.C. 183, 186                 
          (1999).                                                                     






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