Mediaworks, Inc. - Page 13

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          allowable for expenses paid with respect to a “facility” are not            
          allowed when the facility is used in connection with an activity            
          which is of a type generally considered to constitute                       
          entertainment, amusement, or recreation.  Catalano v.                       
          Commissioner, 240 F.3d 842, 845 (9th Cir. 2001), affg. T.C. Memo.           
          1998-447; Gordon v. Commissioner, T.C. Memo. 1992-449; Stan                 
          Frisbie, Inc. v. Commissioner, T.C. Memo. 1990-419.  In this                
          context, the term “facility” “‘includes any item of real or                 
          personal property which is owned, rented, or used by a taxpayer             
          in conjunction or connection with an entertainment activity’”.              
          Ireland v. Commissioner, 89 T.C. 978, 981 (1987) (quoting H.                
          Conf. Rept. 95-1800, at 249 (1978), 1978-3 C.B. (Vol. 1) 521,               
          583); see also sec. 1.274-2(e)(2)(i), Income Tax Regs.  The                 
          Centurion is a yacht which, in turn, is a “facility” within the             



               7(...continued)                                                        
               SEC. 274(a).  Entertainment, Amusement, or Recreation.--               
                    (1) In general.--No deduction otherwise allowable                 
               under this chapter shall be allowed for any item–-                     
                         (A) Activity.--With respect to an                            
                    activity which is of a type generally                             
                    considered to constitute entertainment,                           
                    amusement, or recreation, unless the taxpayer                     
                    establishes that the item was directly                            
                    related to * * * the active conduct of the                        
                    taxpayer’s trade or business, or                                  
                         (B) Facility.--With respect to a                             
                    facility used in connection with an activity                      
                    referred to in subparagraph (A).                                  





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