- 17 - corporate business purposes for Homes to create Chapel because it wanted to protect itself from any possible competition by Mr. Deckard in the funeral business in the Oblong area, and it wanted to reemploy Mr. Deckard as a key employee to operate and manage the Oblong facility. They also argue that Homes had to distribute Chapel's stock to Mr. Pulliam because it was believed that Illinois law required funeral homes to be professional service corporations having shareholders who are licensed by the State of Illinois as funeral directors and embalmers. Thus, petitioners maintain that both of these corporate business purposes are strong evidence of nondevice which overcomes the evidence that there was principally a device for the distribution of the earnings and profits of Homes or Chapel or both. Respondent's Contentions To the contrary, it is respondent's position that this transaction fails to qualify as a tax-free distribution of stock under section 355 and the applicable regulations. Respondent argues that there was no corporate business purpose for the distribution by Homes of Chapel stock to Mr. Pulliam, and that there was no compelling reason to distribute Chapel's stock to Mr. Pulliam other than to distribute substantial earnings and profits of Homes to Mr. Pulliam without being subject to the dividend provisions of section 301. It is further argued that, when Homes distributed the Chapel stock, Illinois law relating to funeral homes did not require that Chapel be a professionalPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011