Raymond R. Weigel - Page 8

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                                       OPINION                                        
          Leasehold Improvements                                                      
               Respondent argues that $134,752.52 in leasehold improvements           
          made to lot 3 of the Eudora property, which was owned by peti-              
          tioner and leased to Goshorn, constituted constructive dividend             
          income to petitioner.  For the following reasons, we disagree               
          with respondent's argument.                                                 
               Generally, improvements made by a lessee to a leasehold                
          estate, where fair rent to the lessor of the property is                    
          otherwise provided for, do not result in realization of income by           
          the lessor in the year of improvement, or upon the termination of           
          the lease.  Sec. 109; sec. 1.109-1, Income Tax Regs; see M.E.               
          Blatt Co. v. United States, 305 U.S. 267, 277 (1938).  Here,                
          petitioner and Goshorn agreed on an equitable rent of $5,000 per            
          month for the Eudora property.                                              
               Respondent directs our attention to Jaeger Motor Car Co. v.            
          Commissioner, T.C. Memo. 1958-223, affd. 284 F.2d 127 (7th Cir.             
          1960), where we decided a taxpayer received dividend income                 
          consisting of improvements made by his wholly owned corporation             
          to a building that it leased from him.  The outcome was predi-              
          cated, in part, on the year-to-year term of the lease between the           
          taxpayer and his corporation.  Id.  Here, petitioner's secretary            
          selected a sample form with a month-to-month lease term.                    
          Therefore, respondent contends that Goshorn's leasehold improve-            
          ments resulted in dividend income to petitioner.                            




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