Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 25




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          personal expense, which is not deductible under section 162(a).8            
          We agree with respondent.                                                   
               Although Holland America used the solarium to experiment               
          with growing Echinacea at some point during FYE 1993, petitioners           
          failed to convince us that the new solarium was used primarily              
          for business during FYE 1993 or that it was used primarily for              
          business purposes thereafter.  Petitioners produced several                 
          photographs which showed the new solarium almost completely                 
          empty, demonstrating neither a business purpose nor a personal              
          purpose for the new solarium.  The record was remarkably silent             
          regarding the business use of the new solarium after September              
          30, 1993.  Although both Mr. and Mrs. Dobbe testified that the              
          new solarium was not used for personal purposes in 1993, we did             
          not find their testimony convincing on this point.  We are not              
          required to accept petitioners’ self-serving, undocumented                  
          testimony.  See Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir.           



               8In his notice of deficiency respondent determined in the              
          alternative that if any part of the solarium costs was incurred             
          primarily to benefit the business of Holland America, it is a               
          capital expenditure that is not deductible but is subject to                
          depreciation under the MACRS guidelines with a 27.5-year recovery           
          period.  The record does not contain any evidence as to the                 
          useful life of the solarium, nor does the record disclose how               
          Holland America had any depreciable interest in the solarium.               
          Holland America did not own the residence that the solarium                 
          improved, nor did it have a leasehold interest with respect to              
          the residence.  We need not decide whether the solarium expense             
          must be capitalized because of our holding, infra, that the cost            
          of constructing the solarium was not incurred for the primary               
          benefit of Holland America.                                                 





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