- 37 - A. The Cost of the New Solarium and the Landscaping Construction services performed by a corporation that improve property owned by its shareholder may constitute a constructive dividend. See Spera v. Commissioner, supra (citing Magnon v. Commissioner, supra). To make this determination, we must look at all the facts and circumstances surrounding the expenditures, including the nature of the improvements and evidence that the shareholder benefited from the corporate expenditures. See Spera v. Commissioner, supra.12 The landscaping improvements clearly improved Mr. and Mrs. Dobbe’s property. The new solarium also added value to the property. Although Holland America claims it benefited from the use of the new solarium in the year it was constructed, it has not shown that whatever short-term incidental benefit it received from its limited business use of the new solarium outweighed the primarily personal benefit resulting from the addition of the solarium to Mr. and Mrs. Dobbe’s residence. The new solarium is 12As a general rule, improvements made by a lessee (Holland America) to a leasehold estate do not result in income to the lessor (Mr. and Mrs. Dobbe) in the year of the improvement or upon termination of the lease. See sec. 109; M.E. Blatt Co. v. United States, 305 U.S. 267 (1938); Bardes v. Commissioner, 37 T.C. 1134 (1962); Spera v. Commissioner, T.C. Memo. 1998-225; Weigel v. Commissioner, T.C. Memo. 1996-485. In this case, however, we have determined that the improvements on the land were made to property that was not leased to Holland America; i.e., the landscaping services and solarium construction were performed on land surrounding and including the Dobbe residence, which was not included in the lease. The general rule, therefore, is not applicable here.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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