- 19 - Taking into account all aspects of Landmark Hall, we allocate to ATV and Mr. Cutts 89 percent and 11 percent of Landmark Hall, respectively. Section 274(a) generally disallows a deduction for entertainment expenses that are not directly related to or associated with the active conduct of a trade or business. Section 274(d) disallows a deduction under section 162 or 212 for entertainment expenses unless the taxpayer substantiates each element of an expenditure or use of property by “adequate records” or by “sufficient evidence corroborating the taxpayer’s own statement”. Under section 274(a), which applies to the costs of a swimming pool, taxpayers can deduct expenses for recreational, social, or similar activities (including facilities therefor) primarily for the benefit of employees, provided there is no discrimination in favor of officers, shareholders or other owners, or highly compensated employees. Sec. 274(e)(4); sec. 1.274-2(f)(2)(v), Income Tax Regs. The pool was simply used for employee entertainment and was not directly related to or associated with ATV’s trade or business. Even if the pool satisfies the proviso under section 274(e)(4), ATV did not provide any records or documents to substantiate use of the pool by employees other than officers, shareholders or other owners, or highly compensated employees. Ms. Harrington was an officer of ATV, and there is no informationPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011