Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 26




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          1964), affg. 41 T.C. 593 (1964); Tokarski v. Commissioner, 87               
          T.C. at 77; Williams v. Commissioner, supra.  We find, therefore,           
          that petitioners have failed to prove that the new solarium was             
          constructed and used primarily for business reasons, and we                 
          sustain respondent’s determination disallowing the deduction.9              
               E. Miscellaneous Expenses                                              
               Respondent disallowed miscellaneous deductions for expenses            
          paid by Holland America attributable to the Dobbe residence.                
          During FYE 1993, Holland America claimed a deduction for the                
          entire amount of property tax, hazard insurance premiums, and the           
          electricity bill associated with the property at 1066 South Pekin           
          Road.  After an examination, respondent determined the following            
          amounts to be attributable to the Dobbe residence:  Property tax            
          ($2,054), hazard insurance premiums ($350), and electricity                 
          ($2,000).10                                                                 



               9Petitioners asserted, in the alternative, that the true               
          purpose of the new solarium was to enable Holland America to                
          conduct growing experiments; consequently, the expenditure                  
          qualified as a research and experimental expenditure under sec.             
          174(a).  See sec. 263(a)(1)(B); sec. 1.174-2, Income Tax Regs.              
          Except for a brief, one-sentence mention of sec. 174(a), however,           
          Holland America has not presented any meaningful argument based             
          on sec. 174(a), nor has it proved that it meets the requirements            
          of sec. 174(a).                                                             
               10Respondent’s witness, Susan Signor, a revenue agent,                 
          testified to the above amounts.  At trial, petitioners’ attorney            
          objected to the introduction of this evidence on the grounds of             
          best evidence, competence, and relevance; however, petitioners              
          did not dispute the accuracy of the amounts either at trial or on           
          brief.                                                                      





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