Joseph A. and Sari F. Deihl - Page 40

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               SEC. 274.  DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC.,                
                         EXPENSES.                                                    
                    (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, or, in the case of an item                       
                         directly preceding or following a substantial                
                         and bona fide business discussion (including                 
                         business meetings at a convention or                         
                         otherwise), that such item was associated                    
                         with, 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).                             
                    In the case of an item described in subparagraph                  
                    (A), the deduction shall in no event exceed the                   
                    portion of such item which meets the requirements                 
                    of subparagraph (A).                                              
                         (2) Special rules.--For purposes of applying                 
                    paragraph (1)--                                                   
                              (A) Dues or fees to any social,                         
                         athletic, or sporting club or organization                   
                         shall be treated as items with respect to                    
                         facilities.                                                  
                              (B) An activity described in section 212                
                         shall be treated as a trade or business.                     
                              (C) In the case of a club, paragraph                    
                         (1)(B) shall apply unless the taxpayer                       
                         establishes that the facility was used                       
                         primarily for the furtherance of the                         
                         taxpayer’s trade or business and that the                    






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