-33- of obligation that petitioner survive in a highly competitive business. Avoidance of tax at the shareholder level played no part in the financial management of petitioner by E.S. Gustafson and Sherwood Gustafson. Respondent contends that petitioner was formed or availed of to avoid shareholder level taxation. Respondent argues that petitioner's detailed plans are an attempt to avoid the accumulated earnings tax. Respondent argues that the fact that E.S. Gustafson and Sherwood Gustafson knew about the accumulated earnings tax during the years in issue, that petitioner attached Bardahl computations to its minute sheets, and that petitioner used language in its CEP and minutes like that used in the accumulated earnings tax statutes shows that petitioner acted merely to avoid the accumulated earnings tax. We disagree. Petitioner properly had and contemporaneously recorded its specific and definite plans. Respondent argues that we should disregard petitioner's grounds for accumulating funds that were not listed in the CEP12 and argues that petitioner's failure to include certain grounds in the CEP shows that those grounds were not bona fide. We disagree. Petitioner reasonably recognized the potential harm to its business if it lost the Winn-Dixie account; the fact that it 12 Petitioner did not list the following grounds for accumulation in its CEP: (a) Dependence on Winn- Dixie/competition, (b) herd relocation and land development, (c) stock redemption, and (d) debt retirement.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011