- 35 - testified that at the family dinner he was acting as an attorney, not as a family member. For purposes of section 274, “entertainment” includes an activity that satisfies personal, living or family needs, such as providing food and beverages. See sec. 1.274-2(b)(1)(i), Income Tax Regs. Generally, no deduction for entertainment expenses is allowable unless the taxpayer establishes that the expenditure was directly related to the active conduct of the taxpayer’s trade or business, or in the case of an expenditure directly preceding or following a substantial and bona fide business discussion, that the expenditure was associated with the active conduct of the taxpayer’s trade or business. See sec. 274(a)(1)(A); sec. 1.274- 2(a)(1), Income Tax Regs. The requirements for deductibility are in addition to the substantiation requirements of section 274(d). Petitioner has not shown that he is authorized to practice law in the Commonwealth of Virginia. Nor has petitioner shown how his payment for a family meal in Virginia is directly related to or associated with the conduct of his law practice in Illinois, which consisted primarily of real estate closings, not matters related to decedents’ estates. On the basis of the record, we find that petitioner’s “family meal” expenditure was primarily a personal rather than a business expense, and that petitioner has not met the section 274 substantiation requirements for the balance of his meals andPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011