- 7 - a 'facility' within the meaning of section 274(a)(1)(B)", but rather should be considered to be an activity under section 274(a)(1)(A). Id. at 1564. We recognized that to a certain degree the distinctions between a facility and an activity were sometimes difficult to draw. Nonetheless we reasoned that petitioner has exclusive right to use the hunting area for hunting, fishing, and other recreation. Petitioner's exclusive lease of the hunting rights grants to petitioner, on prior notice, unfettered access to the hunting area * * *. The hunting area is where the recreation takes place. During petitioner's recreation in the hunting area, petitioner has exclusive occupancy of the hunting area. Therefore, the hunting area is a facility used in connection with entertainment * * * [Id. at 1566; fn. ref. omitted.] Petitioner misconceives the parameters of the exclusive use discussion in Harrigan. The exclusivity language refers to the right of the lessee to bar the general public, and not a limited number of persons covered by a lease, from participating in the recreation. Indeed, in Harrigan the lease provided that members of the lessor's family could hunt the property. This is also apparent from the example in the legislative history, referred to in Harrigan, in which a deduction is allowed for an expenditure for 1 day at a commercial shooting preserve that is opened to the public. See H. Conf. Rept. 95-1800 (1978), 1978-3 C.B. (Vol. 1) 585.5 In that example the taxpayer had no control over the use 5 H. Conf. Rept. 95-1800, at 251 (1978), 1978-3 C.B. (Vol. 1) 521, 585, states: (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011