- 8 - 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 * * *Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011