William J. Cutts - Page 21

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          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 any           






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