- 30 - presumption that respondent’s deficiency determination with respect to her income from that source was correct.16 G. Deductions Section 162 generally allows a taxpayer to deduct “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business”. An “ordinary” expense is one that is normal, usual, or customary in the type of business involved. See Deputy v. Du Pont, 308 U.S. 488, 495 (1940). A “necessary” expense is one that is “appropriate and helpful” to the taxpayer’s business. Welch v. Helvering, 290 U.S. 111, 113 (1933). Deductions are a matter of legislative grace. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Taxpayers have the burden to show they are entitled to any deduction claimed on their returns, and they must be able to point to some particular statute and demonstrate that they come within its terms. Deputy v. Du Pont, supra at 493; New Colonial Ice Co. v. Helvering, supra. Where taxpayers do not substantiate their claimed deductions, the Commissioner is not arbitrary or unreasonable in determining that the claimed deductions should be denied. Roberts v. Commissioner, 62 T.C. 834, 837, (1974). 16 On petitioner’s 1999 Form 1040, Schedule C, she reported income from the business, “Natures Herbs”, admitting her relationship with this business during that year.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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