Northwestern Indiana Telephone Company - Page 68

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            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.                                                              



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Last modified: May 25, 2011