- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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