Gerry M. Griggs - Page 26

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          for the section 274(e)(8) exception to the 50-percent limitation            
          rule of section 274(n) because the expenses were not part of                
          producing the taxpayer’s entertainment product and the taxpayer             
          provided the parties free of charge to its guests.                          
               The Court agrees with petitioner that the $889.52 expense at           
          issue is excluded from section 274(n)(1) by virtue of section               
          274(e)(8).  The guests entertained by petitioner were                       
          representatives of two corporations that had contracts with                 
          petitioner in a bona fide transaction for adequate and full                 
          consideration for the subsequent business uses of these                     
          corporations.                                                               
               Petitioner incurred the expenses in question as part of his            
          business.  Respondent agrees that the claimed expenses were                 
          substantiated.  Thus, the Court holds that the food and beverages           
          were sold in a bona fide transaction for adequate and full                  
          consideration in money or money’s worth.  Sec. 274(e)(8); see               
          also secs. 1.274-2(f)(2)(ix), 1.274-2(e)(3)(iii), Income Tax                
          Regs.  Accordingly the Court holds that the $889.52 expense is              
          not subject to the 50-percent limitation of section 274(n) and is           
          fully deductible.                                                           
               At trial, petitioner claimed other expenses in connection              
          with the Frexie activity.  He presented a number of receipts for            
          ticket purchases, FedEx deliveries, and miscellaneous items such            
          as programs, scorecards, a baseball cap, and a T-shirt.  There              






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