Californians Helping to Alleviate Medical Problems, Inc. - Page 22




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          marijuana.  The evidence at hand permits an allocation of                   
          expenses to those activities.  Although the record may not lend             
          itself to a perfect allocation with pinpoint accuracy, the record           
          permits us with sufficient confidence to allocate petitioner’s              
          expenses between its two trades or businesses on the basis of the           
          number of petitioner’s employees and the portion of its                     
          facilities devoted to each business.  Accordingly, in a manner              
          that is most consistent with petitioner’s breakdown of the                  
          disputed expenses, we allocate to petitioner’s caregiving                   
          services 18/25 of the expenses for salaries, wages, payroll                 
          taxes, employee benefits, employee development training, meals              
          and entertainment, and parking and tolls (18 of petitioner’s 25             
          employees did not work directly in petitioner’s provision of                
          medical marijuana), all expenses incurred in renting facilities             
          at the church (petitioner did not use the church to any extent to           
          provide medical marijuana), all expenses incurred for “truck and            
          auto” and “laundry and cleaning” (those expenses did not relate             
          to any extent to petitioner’s provision of medical marijuana),              
          and 9/10 of the remaining expenses (90 percent of the square                
          footage of petitioner’s main facility was not used in                       
          petitioner’s provision of medical marijuana).6  We disagree with            

               6 While we apportion most of the $212,958 in “Total                    
          deductions” to petitioner’s caregiving services, we note that the           
          costs of petitioner’s medical marijuana business included the               
          $203,661 in labor and $43,783 in other costs respondent conceded            
                                                             (continued...)           






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