- 38 - 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. SeePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011