- 38 - 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 toPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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