- 68 - Business Need 1987 1988 1989 Working capital $75,569 $278,646 $190,312 Retirement of long-term 557,505 170,760 -- debt Fiber optic to 300,000 100,000 100,000 the exchange Petitioners have failed to establish that NITCO, during these years, had reasonable business needs in excess of these amounts. Rule 142(a). NITCO's Liability for Accumulated Earnings Tax For 1987, 1988, and 1989, NITCO's accumulated earnings and adjusted net liquid assets exceeded the reasonable needs of the business. NITCO is therefore presumed to have accumulated its earnings with the purpose of avoiding income tax with respect to its shareholders. Sec. 533(a). NITCO has failed to rebut this presumption of proscribed purpose. Sec. 533(a); Technalysis Corp. v. Commissioner, 101 T.C. at 403. Indeed, the record in the instant cases reflects the existence of factors that strongly indicate NITCO had this proscribed purpose. NITCO engaged in extensive nonbusiness- related activities to benefit and support Mr. Mussman's two sons. NITCO made investments that were unrelated to its business. From 1954 through 1994, NITCO never declared and paid a formal dividend to its shareholders. See sec. 1.533-1(a)(2), Income Tax Regs. We hold that NITCO, for 1987, 1988, and 1989, is liable for accumulated earnings tax.Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
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