-35- 1960), affg. 31 T.C. 415 (1958), for the proposition that the taxpayer must assume that it will continue to be profitable in analyzing its business needs at the end of each year, or to count future revenues as a source for financing those needs. Respondent's reliance on Dixie, Inc. v. Commissioner, supra, is misplaced. The U.S. Court of Appeals for the Second Circuit noted in passing that the taxpayer had not considered future earnings as one of several factors showing that the taxpayer did not formulate a specific and definite plan for which accumulating earnings would have been reasonable. Id. 2. Factors Identified in Treasury Regulations Treasury regulations list the following as examples of factors to consider in determining whether a corporation was formed or availed of to avoid income tax of its shareholders: (a) Dealings between the corporation and its shareholders for the personal benefit of the shareholders, such as personal loans; (b) corporate investment of undistributed assets in unrelated businesses or investments; and (c) the corporation's dividend history. Sec. 1.533-1(a)(2), Income Tax Regs. We next consider how those factors apply here.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011