Churchill Downs, Inc. and Subsidiaries - Page 8




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                    (including business meetings at a convention or                   
                    otherwise), that such item was associated with,                   
                    the active conduct of the taxpayer’s trade or                     
                    business, * * *                                                   
               Respondent does not dispute that the expenses at issue are             
          directly related to the active conduct of petitioners’ business.            
          There is also no dispute that the events were critical to the               
          success of the Kentucky Derby and the Breeders’ Cup.  Some of the           
          expenses at issue were required to be provided under the contract           
          between petitioners and BCL.                                                
               Respondent argues that the deductions of the expenses at               
          issue are limited by section 274(n).  Section 274(n) allows only            
          a portion of entertainment expense to be deducted.  That section            
          provides:                                                                   
                    SEC. 274(n).  Only 50 Percent of Meal and                         
               Entertainment Expenses Allowed as Deduction.--                         
                    (1) In general.--The amount allowable as a                        
               deduction under this chapter for--                                     
                         (A) any expense for food or beverages, and                   
                         (B) any item with respect to an activity                     
                    which is of a type generally considered to                        
                    constitute entertainment, amusement, or                           
                    recreation, or with respect to a facility used                    
                    in connection with such activity,                                 
               shall not exceed 50 percent of the amount of such                      
               expense or item which would (but for this paragraph) be                
               allowable as a deduction under this chapter.                           
               The Secretary was granted authority to promulgate                      
          regulations to carry out the purposes of section 274.  See sec.             
          274(o).  Regulations were promulgated to clarify what type of               





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