- 19 - shareholders and only tangentially benefits the corporation’s business, the amount of the expenditure may be taxed to the shareholder as a constructive dividend and is not deductible under section 162. See Hood v. Commissioner, 115 T.C. ___, ___ (2000) (slip op. at 13-14); Magnon v. Commissioner, 73 T.C. 980, 993-994 (1980); American Insulation Corp. v. Commissioner, T.C. Memo. 1985-436. We accept, for the sake of argument, that the appearance of a business and its grounds can contribute to the success of the business. We also acknowledge that Holland America’s clients visited the farm regularly. Most, if not all, of the landscaping improvements, however, were installed near and surrounding Mr. and Mrs. Dobbe’s residence. The residence and its grounds were owned by Mr. and Mrs. Dobbe and were not leased to Holland America. Although some of the improvements could be seen by Holland America’s customers who visited the farm for business purposes,4 the incidental benefit to the corporation does not trump the primarily personal benefit to Mr. and Mrs. Dobbe. Petitioners did not introduce any evidence to demonstrate how much of the landscaping cost, if any, could be allocated to Holland America’s leasehold interest. Moreover, petitioners 4Some of the improvements, including improvements by the outdoor swimming pool and areas on the back and side of the residence, barely were visible to customers entering the driveway.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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