William J. Cutts - Page 20

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               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 information           






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