Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 23




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          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).                                                                     





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