Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 30




                                       - 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

Last modified: May 25, 2011