- 18 - business and allowed Holland America to display and promote its products to the public. Respondent contends the majority of the landscaping was done to improve the grounds surrounding Mr. and Mrs. Dobbe’s residence, including the front, side, and back yards and the area near the outdoor swimming pool; therefore, the improvements made to property owned by Mr. and Mrs. Dobbe primarily benefited Mr. and Mrs. Dobbe personally and are not deductible as a business expense.3 Under appropriate circumstances, landscaping expenses may be deductible when the expenses legitimately are connected to the taxpayer’s trade or business and the requirements for deductibility otherwise are met. See Hefti v. Commissioner, T.C. Memo. 1988-22, affd. 894 F.2d 1340 (8th Cir. 1989); Rhoads v. Commissioner, T.C. Memo. 1987-335. When, however, a corporation makes an expenditure that primarily benefits the corporation’s 3In the notice of deficiency, respondent determined, in the alternative, that, if any of the landscaping costs are ordinary and necessary business expenses, the expense is a capital expenditure that is not deductible but is subject to depreciation under the MACRS guidelines with a 15-year recovery period. See Alabama-Ga. Syrup Co. v. Commissioner, 36 T.C. 747 (1961), revd. on other grounds sub nom. Whitfield v. Commissioner, 311 F.2d 640 (5th Cir. 1962). The record does not contain any evidence as to the useful lives of the various installations, nor does the record disclose how Holland America had any depreciable interest in the landscaping. Holland America did not own the property on which the landscaping was installed, nor did it have a leasehold interest covering that part of the property. We need not decide, however, whether the landscaping expense must be capitalized because of our holding, infra, that the landscaping was not an ordinary and necessary business expense.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011