Charles and Beatrice M. Reynolds - Page 35




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         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 and                 





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