- 32 - and (3) the payment of a dividend to CV prior to the close of those taxable years. The parties agree that, in the event the transfers were effective to complete the foregoing, CVI satisfied the 95 percent of assets test as of the close of each of its relevant taxable years. Petitioners contend that the transfers in issue effected the purchase of qualified export receivables and the transfer of ownership of the cash used to reimburse CV for certain expenses and to pay dividends to CV, so that CVI's assets as of the close of its relevant taxable years did not include the funds transferred to CV but did include the receivables purchased with a portion of the funds. Petitioners further contend that the actions taken subsequent to the end of each of CVI's relevant taxable years, when the information necessary to ascertain the amount of receivables purchased became available, merely memorialized or documented the transactions that had taken place before the end of each year. Respondent, however, contends that the actions taken before the close of each of CVI's relevant taxable years were not sufficient to effect the purchase of CV’s qualified export receivables, the reimbursement of expenses incurred by CV, and payment of dividends to CV, but that CV and CVI merely had an intention to do such things at the close of each of CVI’s relevant taxable years which was not carried out until after the close of each of those years, when the final steps of each transaction were carried out. Consequently, respondent maintainsPage: 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