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Advisory Committee on Tax Exempt and Government Entities (ACT ...

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PENIRC S 274 Page 1 of 12IIRC, 2007-CODE-VOL, SEC. 274. DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC.,EXPENSES.O 2008, CCH INCORPORATED. All Rights Reserved. A WoltersKluwer CompanySEC. 274.DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC., EXPENSES.274(a) ENTERTAINMENT, AMUSEMENT, OR RECREATION. --274(a)(1) IN GENERAL. --No deducti<strong>on</strong> otherwise allowable under this chapter shall be allowed for any item --274(a)(l)(A) <strong>ACT</strong>IVITY. --With respect to an activity which is of a type generally c<strong>on</strong>sidered toc<strong>on</strong>stitute entertainment, amusement, or recreati<strong>on</strong>, unless the taxpayer establishes that the itemwas directly related to, or, in the case of an item directly preceding or following a substantial <strong>and</strong>b<strong>on</strong>a fide business discussi<strong>on</strong> (including business meetings at a c<strong>on</strong>venti<strong>on</strong> or otherwise), thatsuch item was associated with, the active c<strong>on</strong>duct of the taxpayer's trade or business, or274(a)(l)(B) FACILITY. --With respect to a facility used in c<strong>on</strong>necti<strong>on</strong> with an activity referredto in subparagraph (A).In the case of an item described in subparagraph (A), the deducti<strong>on</strong> shall in no event exceed theporti<strong>on</strong> of such item which meets the requirements of subparagraph (A).274(a)(2) SPECIAL RULES. --For purposes of applying paragraph (1) --274(a)(2)(A) Dues or fees to any social, athletic, or sporting club or organizati<strong>on</strong> shall be treated as items with respect to facilities. 274(a)(2)(B)An activity described in secti<strong>on</strong> 212 shall be treated as a trade or business.274(a)(2)(C) In the case of a club, paragraph (l)(B) shall apply unless the taxpayer establishesthat the facility was used primarily for the furtherance of the taxpayer's trade or business <strong>and</strong> thatthe item was directly related to the active c<strong>on</strong>duct of such trade or business.274(a)(3) DENIAL OF DEDUCTION FOR CLUB DUES. --Notwithst<strong>and</strong>ing the preceding provisi<strong>on</strong>s of this subsecti<strong>on</strong>, no deducti<strong>on</strong> shall be allowed under this chapter for amounts paid or incurred for membership in any club organized for business, pleasure, recreati<strong>on</strong>, or other social purpose. 274(b) GIFTS. --274(b)(1) LIMITATION. --No deducti<strong>on</strong> shall be allowed under secti<strong>on</strong> 162 or secti<strong>on</strong> 212 for anyexpense for gifts made directly or indirectly to any individual to the extent that such expense, whenadded to prior expenses of the taxpayer for gifts made to such individual during the same taxableyear, exceeds $25. For purposes of this secti<strong>on</strong>, the term "gift" means any item excludable fromgross income of the recipient under secti<strong>on</strong> 102 which is not excludable from his gross incomeunder any other provisi<strong>on</strong> of this chapter, but such term does not include --274(b)(l)(A) an item having a cost to the taxpayer not in excess of $4.00 <strong>on</strong> which the name of

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