On Shore Quality Control Specialist, Inc. - Page 8

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          of the property.  "Where the taxpayer is, however, granted                  
          exclusive use of and unfettered access to the property the                  
          character of the expenditure changes."  Harrigan Lumber Co. v.              
          Commissioner, supra at 1567.                                                
               The precise line between exclusive and nonexclusive use may            
          be difficult to draw.  However, where the taxpayer, as here and             
          in Harrigan, dominates the use of the hunting rights, we have no            
          difficulty in finding that in substance the taxpayer enjoys the             
          exclusive rights under the lease.  Accordingly, the hunting lease           
          here in question falls within the definition of a "facility" in             
          the statute and regulations.                                                
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent.                          









          5(...continued)                                                             
               For example, if a salesman took a customer hunting for                 
               a day at a commercial shooting preserve, the expenses                  
               of the hunt * * * would be deductible provided that the                
               current law requirements of substantiation * * * are                   
               met.  However, if the hunters stayed overnight at a                    
               hunting lodge on the shooting preserve, the cost                       
               attributable to the lodging would be nondeductible                     
               * * *                                                                  




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