- 15 - or not the sale to JSL was completed. Additionally, the sale of ACT's assets to JSL did not constitute a sale of ACT's sole asset because ACT still had outstanding contracts. Respondent has proven by clear and convincing evidence that ACT had not adopted an informal plan of liquidation as required by section 337. Petitioner has admitted that the minutes that were provided to the IRS with ACT's 1988 Form 1120 tax return were false because they were created after the sale, backdated, and documented a meeting that did not occur. Because neither a formal nor an informal plan of liquidation existed prior to or on the sale date of the ACT assets to JSL, ACT is ineligible for the nonrecognition provisions of section 337; therefore, ACT must recognize gain on the sale of its assets to JSL. Additions to Tax The addition to tax in the case of fraud is a civil sanction provided primarily as a safeguard for the protection of the revenue and to reimburse the Government for the heavy expense of investigation and the loss resulting from the taxpayer's fraud. Helvering v. Mitchell, 303 U.S. 391, 401 (1938). In addition to proving an underpayment, as discussed above, respondent must prove that petitioner failed to report the gain on the sale of its assets with the intent to conceal, mislead, or otherwise prevent the collection of tax. See Stoltzfus v. United States,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011