Churchill Downs, Inc. and Subsidiaries - Page 7




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          and accordingly, they should not be subject to the restrictions             
          of section 274(n) with respect to expenses they incur in the                
          course of providing that entertainment.  Alternatively,                     
          petitioners argue the expenses at issue are excluded from the               
          provisions of section 274 by application of section 274(e),                 
          paragraphs (7) and (8), and section 274(n)(2)(A).3                          
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  Section 274 disallows a                   
          deduction in certain instances for expenses which would otherwise           
          be deductible under section 162.  Section 274(a) provides in                
          part:                                                                       
                    SEC. 274(a). Entertainment, Amusement, or                         
               Recreation.--                                                          
                                                                                     
                         (1) In general.--No deduction otherwise                      
                    allowable under this chapter shall be allowed                     
                    for any item--                                                    
                         (A) Activity.--With respect to an activity                   
                    which is of a type generally considered to                        
                    constitute entertainment, amusement, or                           
                    recreation, unless the taxpayer establishes that                  
                    the item was directly related to, or, in the case                 
                    of an item directly preceding or following a                      
                    substantial and bona fide business discussion                     

               3 Sec. 274(n)(2) provides:                                             
               Exceptions.--Paragraph (1) shall not apply to any                      
               expense if--                                                           
                         (A) such expense is described in paragraph (2),              
                    (3), (4), (7), (8), or (9) of subsection (e).                     






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