- 12 - 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.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011