- 22 - marijuana. The evidence at hand permits an allocation of expenses to those activities. Although the record may not lend itself to a perfect allocation with pinpoint accuracy, the record permits us with sufficient confidence to allocate petitioner’s expenses between its two trades or businesses on the basis of the number of petitioner’s employees and the portion of its facilities devoted to each business. Accordingly, in a manner that is most consistent with petitioner’s breakdown of the disputed expenses, we allocate to petitioner’s caregiving services 18/25 of the expenses for salaries, wages, payroll taxes, employee benefits, employee development training, meals and entertainment, and parking and tolls (18 of petitioner’s 25 employees did not work directly in petitioner’s provision of medical marijuana), all expenses incurred in renting facilities at the church (petitioner did not use the church to any extent to provide medical marijuana), all expenses incurred for “truck and auto” and “laundry and cleaning” (those expenses did not relate to any extent to petitioner’s provision of medical marijuana), and 9/10 of the remaining expenses (90 percent of the square footage of petitioner’s main facility was not used in petitioner’s provision of medical marijuana).6 We disagree with 6 While we apportion most of the $212,958 in “Total deductions” to petitioner’s caregiving services, we note that the costs of petitioner’s medical marijuana business included the $203,661 in labor and $43,783 in other costs respondent conceded (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007