Welch v. Helvering

Welch v. Helvering
Supreme Court of the United States
Argued October 19, 1933 Decided November 6, 1933
Full case name	Thomas Welch v. Guy T. Helvering, Commissioner of Internal Revenue
Citations	290 U.S. 111 (more) 54 S.Ct. 8; 78 L.Ed. 212
Holding
Welch's repayments of his discharged debts were not ordinary and necessary business expenses, and therefore not deductible under Sec. 162 of IRC.
Court membership
Chief Justice Charles E. Hughes Associate Justices Willis Van Devanter · James C. McReynolds Louis Brandeis · George Sutherland Pierce Butler · Harlan F. Stone Owen J. Roberts · Benjamin N. Cardozo
Case opinions
Majority	Cardozo

Welch v. Helvering, 290 U.S. 111 (1933), was a decision by the United States Supreme Court on the difference between business and personal expenses and the difference between ordinary business deductions and capital expenses. It is one of the most important income tax law cases.

Thomas Welch and his father owned a grain brokerage business in Minnesota, that went bankrupt in 1922. Welch later reopened a business but first had to repay his discharged debts. He then tried to deduct the repayments, but the Commissioner ruled that these payments were not deductible from income as ordinary and necessary expenses.

Benjamin N. Cardozo, delivering the Court's opinion, held that the expenses were too personal, were too bizarre to be ordinary, and were capital. He did not consider them "ordinary and necessary business expenses" and, therefore, not deductible under Section 162 of the Internal Revenue Code.

This case is frequently cited for its dictum describing the meaning of the term "necessary" in Section 162 as requiring that expenses merely be "appropriate and helpful [in] the development of the [taxpayer's] business." Cardozo submits that determining what constitutes a necessary expense can be enormously difficult: "life in all its fullness must supply the answer to the riddle."

See also

• Tax Deductions in the United States
• List of United States Supreme Court cases, volume 290

Further reading

• Newman, Joel S. (2002). "The Story of Welch: The Use (and Misuse) of the ‘Ordinary and Necessary’ Test for the Deductibility of Business Expenses". In Caron, Paul L. (ed.). Tax stories: An in-depth look at ten leading federal income tax cases. New York: Foundation Press. pp. 155–182. ISBN 1-58778-403-3.