Mediaworks, Inc. - Page 15

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          measured objectively.  As the Treasury Department’s regulations             
          under section 274 state as to the matter of entertainment:                  
               An objective test shall be used to determine whether an                
               activity is of a type generally considered to                          
               constitute entertainment.  Thus, if an activity is                     
               generally considered to be entertainment, it will                      
               constitute entertainment for purposes of this section                  
               and section 274(a) regardless of whether the                           
               expenditure can also be described otherwise, and even                  
               though the expenditure relates to the taxpayer alone.                  
               This objective test precludes arguments such as that                   
               “entertainment” means only entertainment of others or                  
               that an expenditure for entertainment should be                        
               characterized as an expenditure for advertising or                     
               public relations.  * * *  [Sec. 1.274-2(b)(1)(ii),                     
               Income Tax Regs.]                                                      
          We see no reason why this same sort of objective test should not            
          also apply to the other two matters of amusement and recreation.            
               Here, the Centurion was used by Roach, in the name of                  
          petitioner, in connection with an activity, sailing, which is of            
          a type that we would consider to constitute entertainment,                  
          amusement, and/or recreation.  In addition to the fact that                 
          petitioner’s board acknowledged in its minutes that sailing was a           
          form of corporate entertainment and that Roach admitted in the              
          property tax statements that sailing the Centurion was a form of            
          “recreation” and “pleasure”, the builders of the Centurion                  
          designed it specifically with an eye towards high class                     
          entertainment, amusement, and recreation.  Roach also actually              
          used the Centurion for entertainment, amusement, and/or                     
          recreation.  Roach raced the Centurion, slept upon it, wined and            
          dined upon it, and hosted upon it personal invitees who sometimes           





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