Gustafson's Dairy, Inc. - Page 38

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          C.   Reasonable Accumulation for Business Needs                             
               1.   Background                                                        
               A business may accumulate earnings to meet its reasonably              
          anticipated needs.  Sec. 537(a); sec. 1.537-1(a)(1), Income Tax             
          Regs.  The corporation must have specific, definite, and feasible           
          plans to use the accumulation.  Sec. 1.537-1(b)(1), Income Tax              
          Regs.14  We consider the judgment of corporate management in                
          deciding if its accumulation of earnings was reasonable.  Raymond           
          I. Smith, Inc. v. Commissioner, 292 F.2d 470, 475-476 (9th Cir.             
          1961), affg. 33 T.C. 141 (1959); Technalysis Corp. v.                       
          Commissioner, supra at 411.                                                 
               A corporation's reasonably anticipated needs are considered            
          based on the facts at the end of the taxable year.  Sec. 1.537-             
          1(b)(2), Income Tax Regs.15  Treasury regulations state that                

          14 Sec. 1.537-2(b), Income Tax Regs., lists several                         
          nonexclusive examples of reasonable grounds for accumulating                
          earnings and profits:  (1) To provide for bona fide expansion of            
          business or replacement of plant; (2) To acquire a business                 
          enterprise through purchasing stock or assets; (3) To provide for           
          the retirement of bona fide indebtedness created in connection              
          with the trade or business * * *; (4) To provide necessary                  
          working capital for the business, such as, for the procurement of           
          inventories; (5) To provide for investments or loans to suppliers           
          or customers if necessary in order to maintain the business of              
          the corporation; or (6) To provide for the payment of reasonably            
          anticipated product liability losses * * *.                                 
          15 Sec. 1.537-1(b)(2), Income Tax Regs., provides:                          
                                                             (continued...)           








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