Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 37




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               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.                                          





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