- 21 - hear and view at trial. We found his testimony to be coherent and credible, as well as supported by the record. He testified that petitioner’s members paid their membership fees as consideration for both caregiving services and medical marijuana, and respondent opted not to challenge the substance of that testimony. While a member may have acquired, in return for his or her payment of a membership fee, access to all of petitioner’s goods and services without further charge and without explicit differentiation as to the portion of the fee that was paid for goods versus services, we do not believe that such a fact establishes that petitioner’s operations were simply one trade or business. As the record reveals, and as we find as a fact, petitioner’s management set the total amount of the membership fees as the amount that management consciously and reasonably judged equaled petitioner’s costs of the caregiving services and the costs of the medical marijuana. Given petitioner’s separate trades or businesses, we are required to apportion its overall expenses accordingly. Respondent argues that “petitioner failed to justify any particular allocation and failed to present evidence as to how * * * [petitioner’s expenses] should be allocated between marijuana trafficking and other activities.” We disagree. Respondent concedes that many of petitioner’s activities are legal and unrelated to petitioner’s provision of medicalPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007