Harry T. Cavalaris - Page 26

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               Section 170(j) prohibits a deduction for, inter alia,                  
          unreimbursed traveling expenses incurred incident to the                    
          rendition of charitable services, "unless there is no significant           
          element of personal pleasure, recreation, or vacation in such               
          travel."  The meaning of a "significant element of personal                 
          pleasure, recreation, or vacation" is far from self-evident.8  An           
          inquiry into the legislative history of this provision provides             
          some insight.  The House report states:                                     
                    In determining whether travel away from home involves a           
               significant element of personal pleasure, recreation, or               
               vacation, the fact that a taxpayer enjoys providing services           
               to the charitable organization will not lead to denial of              
               the deduction.  For example, a troop leader for a tax-exempt           
               youth group who takes children belonging to the group on a             
               camping trip may qualify for a charitable deduction with               
               respect to his or her own travel expenses if he or she is on           
               duty in a genuine and substantial sense throughout the trip,           
               even if he or she enjoys the trip or enjoys supervising                
               children.  By contrast, a taxpayer who only has nominal                
               duties relating to the performance of services for the                 
               charity, or who for significant portions of the trip is not            
               required to render services, is not allowed any deduction              
               for travel costs.  [H. Rept. 99-426, 129 (1985).]                      
          The example makes clear that the relevant inquiry is the extent             
          and duration of the charitable services provided by the taxpayer,           
          and not some quantum measure of pleasure derived by the taxpayer.           
          With this in mind we turn to the facts of this case.                        
               With regard to petitioner's domestic travel and travel to              
          Nassau, Bahamas, a review of the evidence reveals that petitioner           

          8   There is some case law interpreting this phrase in the                  
          context of sec. 213(d)(2)(B).  See, e.g., Commissioner v. Bilder,           
          369 U.S. 499 (1962).                                                        




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