Abstract: The object of this research is the legal relations associated with compensation for damage caused by unlawful decisions, actions (or inactions) of taxation authorities and their officials. The subject of this research is the arbitration practice with regards to compensation for damages inflicted by taxation authorities. Attention is paid to the established trend of the dismissal of claims on compensation for damages worded as “the expenditures of plaintiff are referred to regular business activity”. Analyzing the emergence of term “regular business activity” in the Russian legislation and evolution of the corresponding norms, as well as acts of interpretation of the supreme courts, the authors attempt to determine the normative grounds of using the aforementioned constructs in the tortious relations. The conclusion is made that within law enforcement practice has established a trend to justify the refusal in compensation for damages inflicted by taxation authorities attributed incurred expenses as part of “regular business activity”. The authors criticize such approach as normatively unsubstantiated.