On Shore Quality Control Specialist, Inc. - Page 7

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          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...)           




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