[Code of Federal Regulations]
[Title 26, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.274-1]

[Page 567]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
COMPUTATION OF TAXABLE INCOME (Continued)--Table of Contents
 
Sec. 1.274-1  Disallowance of certain entertainment, gift and travel expenses.

    Section 274 disallows in whole, or in part, certain expenditures for 
entertainment, gifts and travel which would otherwise be allowable under 
Chapter 1 of the Code. The requirements imposed by section 274 are in 
addition to the requirements for deductibility imposed by other 
provisions of the Code. If a deduction is claimed for an expenditure for 
entertainment, gifts, or travel, the taxpayer must first establish that 
it is otherwise allowable as a deduction under Chapter 1 of the Code 
before the provisions of section 274 become applicable. An expenditure 
for entertainment, to the extent it is lavish or extravagant, shall not 
be allowable as a deduction. The taxpayer should then substantiate such 
an expenditure in accordance with the rules under section 274(d). See 
Sec. 1.274-5. Section 274 is a disallowance provision exclusively, and 
does not make deductible any expense which is disallowed under any other 
provision of the Code. Similarly, section 274 does not affect the 
includability of an item in, or the excludability of an item from, the 
gross income of any taxpayer. For specific provisions with respect to 
the deductibility of expenditures: for an activity of a type generally 
considered to constitute entertainment, amusement, or recreation, and 
for a facility used in connection with such an activity, as well as 
certain travel expenses of a spouse, etc., see Sec. 1.274-2; for 
expenses for gifts, see Sec. 1.274-3; for expenses for foreign travel, 
see Sec. 1.274-4; for expenditures deductible without regard to business 
activity, see Sec. 1.274-6; and for treatment of personal portion of 
entertainment facility, see Sec. 1.274-7.

[T.D. 6659, 28 FR 6499, June 25, 1963, as amended by T.D. 8666, 61 FR 
27006, May 30, 1996]

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