- 25 - 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. TherePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011