- 20 - in the record to show she was not a highly compensated employee in 1997. Although we allocate the pool to ATV for entertainment use, we hold ATV is not entitled to deduct the pool repair expenses because of its failure to maintain the proper records. We hold ATV’s payment of 100 percent of the utilities is a constructive dividend to Mr. Cutts to the extent of 11 percent thereof allocable to Mr. Cutts’s personal use. If shareholders use corporation-owned property for personal purposes, they will be charged with additional distributions from the corporation, taxable to them as constructive dividend income if the corporation has sufficient earnings and profits. See Ireland v. United States, 621 F.2d 731, 735 (5th Cir. 1980); Melvin v. Commissioner, 88 T.C. 63, 80 (1987), affd. 894 F.2d 1072 (9th Cir. 1990). We hold ATV is entitled to deduct 89 percent of the Landmark Hall utilities expense as attributable to its business use of the property. The corporation will not be allowed to deduct costs of maintaining property allocable to its shareholders’ personal use of such property. See United Aniline Co. v. Commissioner, 316 F.2d 701, 705 (1st Cir. 1963); Melvin v. Commissioner, supra. The amount of ATV’s disallowed pool repair expense is not a constructive dividend to Mr. Cutts because we allocated the pool to ATV for entertainment use for the primary benefit of its employees rather than for the primary benefit of Mr. Cutts or anyPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011