Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 19




                                       - 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

Last modified: May 25, 2011