-32- In Gustafson's Dairy, Inc. v. Commissioner, T.C. Memo. 1995- 11, we held that the burden of proof is on respondent for ground (d) for 1987 and 1988, and for the first $550,000 for 1989, and for ground (e) to the extent of petitioner's purchase of the Union Camp property for $2,249,625. The burden of proof is on petitioner as to whether it permitted its earnings and profits to accumulate beyond the reasonable needs of its business for all other grounds, and whether it was formed or availed of to avoid shareholder level taxation. Gustafson's Dairy, Inc. v. Commissioner, supra. B. Whether Petitioner Was Formed or Availed of To Avoid Shareholder Level Taxation 1. Whether Petitioner Intended To Avoid Shareholder Level Taxes E.S. Gustafson and Sherwood Gustafson thought that petitioner would have difficulty surviving in competition with large corporate milk producers. They knew that many dairy farmers in northern Florida had gone out of business before or during the years at issue. They were concerned that petitioner might lose the Winn-Dixie account. They wanted petitioner to be able to redeem the stock of Pete Gustafson when he died. They wanted petitioner to be free of debt. By the time of the years at issue, Sherwood Gustafson had worked for petitioner for 25-27 years, his entire adult life. He felt responsible for the continued survival of the business. His lifelong commitment to running the dairy gave him a strong sensePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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