- 23 - and Mrs. Dobbe. Holland America did not demonstrate that Mr. and Mrs. Dobbe were the only employees available for or capable of dealing with farm emergencies or that its reimbursement of Mr. and Mrs. Dobbe’s grocery expenses was necessary to ensure that competent employees would be available to deal with such emergencies during customary mealtimes. Although business customers occasionally stayed overnight at the farm and some of the groceries presumably were consumed by them,7 Holland America has not argued that the amount paid as reimbursement must be apportioned to reflect business and personal use. Rather, Holland America seeks to deduct the cost of all groceries consumed by Mr. and Mrs. Dobbe, their family, and visitors, regardless of whether the groceries were consumed in connection with a legitimate business activity. Holland America concededly did not keep any records that would permit us to isolate those costs incurred for business, if any. Without a more definitive record, any allowance would amount to unguided largess. See Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957); Reynolds v. Commissioner, T.C. Memo. 2000-20; Williams v. Commissioner, T.C. Memo. 1998-93. Accordingly, we 7Neither Holland America nor Mr. and Mrs. Dobbe maintained any records of the people who visited the Dobbe residence and/or consumed meals there allegedly for business purposes. See sec. 274(d).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011