Eyefull Incorporated - Page 38

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                              Expansion and Relocation                                
               Petitioner attempted to prove that its accumulations were              
          needed to finance costs of relocation amounting to $1 million or            
          more and to finance the expansion and diversification of its                
          business.  Respondent determined that no accumulations were                 
          allowable for these purposes.                                               
               There is no basis for concluding that petitioner reasonably            
          retained earnings for expansion or diversification during the               
          years at issue.  Hagerman testified regarding a number of                   
          specific investment possibilities that she considered.  The only            
          one for which there is evidence of actual negotiations was the              
          video store that she offered to purchase in 1989.  Contrary to              
          her account at trial, however, contemporaneous documents indicate           
          that she was not negotiating the acquisition on petitioner’s                
          behalf.                                                                     
               The threat to petitioner’s continued operation that arose              
          first from the expiration of its theater license and later from             
          Ordinance No. 3465 would have warranted financial preparations              
          for relocation.  The various costs of reestablishing petitioner’s           
          business in a new location would have been substantial.  Hagerman           
          anticipated that they could exceed $1 million.  It does not                 
          follow, however, that petitioner’s management had specific,                 
          definite, and feasible plans to provide for such costs.  If after           
          expiration of the theater license petitioner’s management                   
          recognized a need to accumulate $1 million and were determined to           




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Last modified: May 25, 2011