Judith E. Stephenson Fast - Page 4

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          and met with Chinese health officials, for either half of the day           
          or for the entire day.  Two days, Thursday, April 1, and                    
          Saturday, April 3, were fully devoted to sightseeing.  Respondent           
          argues that the expenses of the trip were not “ordinary and                 
          necessary” business expenses within the meaning of section 162(a)           
          and that petitioner did not substantiate the deductions under               
          section 274(d).                                                             
               The regulations provide that travel expenses are deductible            
          only if the trip is related primarily to the taxpayer’s business.           
          Sec. 1.162-2(b)(1), Income Tax Regs.  One of the important                  
          factors in deciding whether a trip is primarily business or                 
          personal is the amount of time spent on each activity.  Sec.                
          1.162-2(b)(2), Income Tax Regs.  In an example in the                       
          regulations, if 1 week is spent on business and 5 are spent on              
          vacation, the trip is primarily personal.  Id.  Thus, if one-               
          sixth of the time is spent on business and the rest is personal,            
          the trip is primarily personal.  Further, the regulations provide           
          that expenses paid or incurred in attending a convention may be             
          ordinary and necessary depending on the facts and circumstances             
          of each case.  Sec. 1.162-2(d), Income Tax Regs.                            
               Based on our review of the record, we believe that                     
          respondent's efforts to portray petitioner's trip to China as a             
          personal sightseeing junket are unavailing.  While it is true               
          that she spent a certain amount of time touring the Great Wall              





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