- 13 - 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).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011