Northwestern Indiana Telephone Company - Page 58

                                               - 58 -                                                  
            Corp. v. Commissioner, 274 F.2d at 501.  In other words, rather                            
            than being positive evidence demonstrating that NITCO's earnings                           
            were, in fact, accumulated to meet its reasonable business needs,                          
            these expenditures indicate NITCO's earnings were accumulated for                          
            the proscribed purpose of avoiding income tax with respect to its                          
            shareholders.  See sec. 1.533-1(a)(2), Income Tax Regs.  To                                
            accept petitioners' contention would be tantamount to holding                              
            that the accumulated earnings tax could be avoided by making                               
            nonbusiness expenditures to benefit a shareholder or                                       
            shareholder's family.                                                                      

            NITCO's Reasonable Business Needs                                                          

                  The parties have stipulated, and we have so found, what                              
            NITCO's working capital requirements were during the years in                              
            issue.  In addition to these working capital requirements,                                 
            petitioners contend that a number of other reasonably anticipated                          
            business needs of NITCO justified NITCO's accumulation of                                  
            earnings during the years in issue.12                                                      


            12Petitioners contend that NITCO's "reasonably anticipated                                 
            business needs" during the years in issue were as follows:                                 

            Business Need              1987         1988       1989                                    
            Working capital              $75,569    $278,646   $190,312                                
            Retirement of long-          557,505     170,760      -0-                                  
            term debt                                                                                  
            Plant modernization:                                                                       
            Fiber to the exchange    1,000,000      same       same                                    
                                                                         (continued...)                




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