- 30 - to do a good job.” On cross-examination, Mr. Dobbe testified that he regularly paid Mr. Heemskerk a commission for his efforts in purchasing bulbs for Holland America. When Mr. Dobbe was asked whether the golf clubs were related to a particular purchase, he responded: They–-I knew he loved the game of golf in whatever free time he had, and it would be a tremendous treat to receive a set of clubs from the United States, and for his service and for his unbelievable importance to our business, I felt it was an incredible incentive for what he up to that point meant for our business and what he hopefully was going to continue to mean for our business. We conclude that Holland America purchased the golf clubs for Mr. Heemskerk as an incentive for future performance and in appreciation for his past services to the company. Thus, Holland America did not give the golf clubs to Mr. Heemskerk out of a “detached and disinterested generosity”; rather, Holland America anticipated receiving an economic benefit in the future. See Commissioner v. Duberstein, supra at 285; Olk v. United States, supra at 877-878. Accordingly, we hold that the golf clubs were not a “gift” within the meaning of section 274(b). We further hold that Holland America has met its burden of establishing that the cost of the golf clubs was an ordinary and necessary business expense deductible under section 162(a).Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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