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Publication Title | United States Tax Court Sutherland Lumber-Southwest, Inc.

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Text | United States Tax Court Sutherland Lumber-Southwest, Inc. | 001



114 T.C. No. 14

UNITED STATES TAX COURT

SUTHERLAND LUMBER-SOUTHWEST, INC., Petitioner v.

COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 23936-97. Filed March 28, 2000.

P provided its employees with the use of the

company-owned aircraft for nonbusiness flights. P

notified its employees to report the value of the

flights as imputed income. P deducted the expenses

incurred in providing the flights. R, relying on sec.

274(e)(2), I.R.C., determined that deductions for

expenses incurred in providing employees with

nonbusiness flights on a company-owned airplane are

limited to the amount reported as imputed income to the

recipient employees. P contends that its expense

deductions are not subject to sec. 274, I.R.C., or, in

the alternative, if subject to sec. 274, I.R.C., are

excepted from the restriction of sec. 274, I.R.C., by

application of sec. 274(e)(2), I.R.C.

Held: Sec. 274(e)(2), I.R.C., excepts from the

effect of sec. 274, I.R.C., deductions of an employer’s

expenses in connection with an entertainment facility

and does not limit or peg the amount deductible to the

amount reportable by employees; i.e., the value of the

benefit received.

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