-38- 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...)Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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