Californians Helping to Alleviate Medical Problems, Inc. - Page 20




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          “Right from the start we considered our primary function as being           
          a community center for seriously ill patients in San Francisco.             
          And only secondarily as a place where they could access their               
          medicine.”  The evidence suggests that petitioner’s operations              
          were conducted with that primary function in mind, not with the             
          principal purpose of providing marijuana to members.                        
               As stated by the Board of Tax Appeals in Alverson v.                   
          Commissioner, 35 B.T.A. 482, 488 (1937):  “The statute is not so            
          restricted as to confine deductions to a single business or                 
          principal business of the taxpayer.  A taxpayer may carry on more           
          than one trade or business at the same time.”  Moreover, as the             
          Supreme Court has observed in the context of illegal,                       
          nondeductible expenditures:  “It has never been thought * * *               
          that the mere fact that an expenditure bears a remote relation to           
          an illegal act makes it non-deductible.”  Commissioner v.                   
          Heininger, 320 U.S. 467, 474 (1943).                                        
               Respondent relies heavily on his assertion that                        
          “Petitioner’s only income was from marijuana-related matters,               
          except for a couple of small donations”.  The record does not               
          support that assertion, and we decline to find it as a fact.                
          Indeed, the record leads us to make the contrary finding that               
          petitioner’s caregiving services generated income attributable to           
          those services.  In making this finding, we rely on the testimony           
          of petitioner’s executive director, whom we had an opportunity to           







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Last modified: November 10, 2007