Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 38




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          near the outdoor pool and is connected to the old solarium, which           
          was used solely for personal reasons.  Mr. and Mrs. Dobbe have              
          failed to prove that they did not receive an economic benefit               
          from the construction of the new solarium or that its primary use           
          was for business purposes.  The cost of the new solarium and the            
          landscaping must be included in Mr. and Mrs. Dobbe’s income as a            
          dividend.  See secs. 61(a)(7), 316.                                         
               B.  The Grocery Expense Reimbursement                                  
               The grocery expense reimbursement also represented economic            
          gain to Mr. and Mrs. Dobbe.  Since Mr. and Mrs. Dobbe are not               
          entitled to exclude the reimbursement for groceries from their              
          income under section 119, they must include the entire                      
          reimbursement in their income as a dividend.  See secs. 61(a)(7),           
          316.                                                                        
               C.  Miscellaneous Expenses                                             
               Holland America’s payment of the miscellaneous expenses                
          attributable to Mr. and Mrs. Dobbe’s residence also directly                
          benefited Mr. and Mrs. Dobbe.  Utilities, insurance, and property           
          taxes for a taxpayer’s personal residence are inherently personal           
          expenses, are not normally subsidized by a corporation, and are             
          usually drawn from a taxpayer’s personal funds.  Payment of a               
          shareholder’s personal expenses by a corporation provides an                
          economic benefit to the shareholder and is taxable as a                     
          constructive dividend to the extent of earnings and profits.  See           






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