Gustafson's Dairy, Inc. - Page 35

                                        -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