-34- could not quantify the amount it needed for this potential problem does not make it any less of a concern. Respondent contends that petitioner formed the Super Trust solely to conceal income and avoid the accumulated earnings tax. Respondent argues that petitioner incorrectly accounted for its contributions to the Super Trust and that petitioner should have reported income from the Super Trust during the years in issue. We disagree that petitioner created the Super Trust to avoid the accumulated earnings tax. Also, the Super Trust properly filed Forms 1041 for 1988 and 1989, and petitioner reported its transfers to the Super Trust on Schedule M-2 of its 1988 and 1989 returns. The Super Trust served many legitimate purposes; for example, it helped to induce the shareholders to pledge their funds for the long-term benefit of the company. Respondent admitted in the answer to petitioner's amended petition13 that the Super Trust funds were pledged for the reasonable business needs of petitioner. Respondent contends that, in estimating its reasonable business needs, petitioner's CEP erroneously failed to consider petitioner's projected future revenues. We disagree. Respondent cites Dixie, Inc. v. Commissioner, 277 F.2d 526, 528 (2d Cir. 13 Petitioner amended paragraph 5(s) of its petition as follows: 5(s). The funds in the Super Trust are held for the reasonable business needs of the Petitioner.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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