- 14 - transaction which gives rise to it must be of common or frequent occurrence in the type of business involved." Deputy v. DuPont, 308 U.S. 488, 495 (1940) (citing Welch v. Helvering, supra at 114). Petitioners are not entitled to a section 162 deduction for their investment in the program. The program was not ordinary, necessary, or helpful because petitioners were already in compliance with the ADA through the use of TRS. Additionally, the program did not serve a valid business purpose. Respondent’s determination disallowing the deduction is sustained. Conclusion We sustain respondent’s determination in the notice of deficiency, decreasing petitioners’ income by the amount of bartering services income reported and disallowing a section 44 credit and a section 162 deduction. As we conclude that petitioners are not entitled to a section 44 credit or a section 162 deduction, it is unnecessary for us to decide the proper valuation of the program. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011