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Steven W Johnson > Intel > The 2 Words In Tax Deductions: Ordinary and Necessary

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The 2 Words In Tax Deductions: Ordinary and Necessary

These two words form the mantra of deductible expenses.

Ordinary

This means exactly what it sounds like. Is the expense considering an ORDINARY cost of doing business? An ordinary expense in one industry might not be quite so ordinary in
another industry. Let's say you have a little hot dog stand. It's doing so well, you decide to take your spouse to Las Vegas for a holiday. You figure, HEY! Other businesses get to write off their trip to Las Vegas, right? Why not my hot dog stand?

The guy staying in the room next to yours at the Bellagio is a travel writer for the New York Times, staying in town to write a piece for his next column. Which businessperson do you think has a better shot at a qualifying ordinary eduction? While this is an extreme example, you get the picture. The travel writer BELONGS in Las Vegas. The hot dog cart owner doesn't.

Necessary

This runs into a ton of gray when it comes to an IRS audit. What, in fact is necessary in the normal course of business operations. If an expense doesn't fall into the pile of obviously excludable items (usually of a personal nature), then it falls upon the business owner to prove that the expense is necessary for the continued operation of their enterprise. Again, one man's deduction can be another man's nightmare - at least on audit. A streetwalker could
likely be granted a deduction for the condom's she is constantly buying. A traveling salesman? good luck. A travel writer (they get ALL the good deductions, don't they?) would have no problem deducting the entire cost of a cruise - assuming they were doing a huge write-up of the cruise line for a major travel publication. The average cruiser - forget about it. If it's a business cruise, and regular business is conducted, then you have a fight on your hands. Is the cruise ship any different than a hotel? If the businessperson can deduct their stay in a hotel in Las Vegas or Hawaii, why not the business cruiser on a ship in the Carribean? Sometimes, it comes down to aggressiveness (or lack thereof) on the part of the tax professional. As well as the courts. The law can be very gray.

The Bottom Line

To avoid running afoul of your friendly neighborhood IRS agent, stick with the expenses that everyone else in your industry deducts. Industry publications and associations are great for learning the ropes, as is your tax professional. Pick one who has other clients in your industry and you'll have an advantage.

Contributed by Steven W Johnson on March 10, 2008, at 4:41 PM UTC.

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This intel was contributed by Steven W Johnson


Steven W Johnson

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