Churchill Downs, Inc. and Subsidiaries - Page 12




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          We therefore hold that the Derby, Breeders’ Cup, and                        
          miscellaneous expenses are not excluded by section 274(e)(7) and            
          (n)(2).                                                                     
               We find no evidence in the record that the Derby, Breeders’            
          Cup, and miscellaneous expenses for goods and services were sold            
          by petitioners in a bona fide transaction for an adequate and               
          full consideration in money or money’s worth.  Indeed, the record           
          indicates that the expenses were borne by petitioner and goods              
          and services were given without cost to the parties that were               
          entertained.  We therefore hold that the Derby, Breeders’ Cup,              
          and miscellaneous expenses are not excluded by section 274(e)(8)            
          and(n)(2).5                                                                 
               We hold that petitioners’ claimed deductions for Derby,                
          Breeders’ Cup, and miscellaneous expenses are limited by                    
          section 274(n)(1) as determined by respondent.  In reaching the             


               4(...continued)                                                        
               which it makes available for a period of time each week                
               to children participating in a local public                            
               recreational program, the portion of the expense                       
               relating to such public use of the pool will come                      
               within this exception.                                                 
               5 Petitioners place reliance on the treatment afforded a               
          casino that provided comps to selected members of the general               
          public in Priv. Ltr. Rul. 96-41-005 (June 27, 1996).  Based on              
          the letter ruling petitioners argue that the Derby, Breeders’               
          Cup, and miscellaneous expenses should be deductible in full.  We           
          are unpersuaded that the reasoning used therein is applicable to            
          the present situation.  We also note that the precedential value            
          of letter rulings is specified in sec. 6110(k)(3), which provides           
          in pertinent part:  “a written determination may not be used or             
          cited as precedent.”                                                        





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