Zeeman Manufacturing Company, Inc. - Page 3

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               Either party may, pursuant to Rule 142(e), move the Court to           
          fix the burden of proof, pursuant to section 534, on the issue of           
          the reasonableness of petitioner's accumulations.  Respondent has           
          so moved, and petitioner has filed a response to that motion.               
          The Court concludes that it is appropriate to decide the instant            
          motion prior to trial.  Rutter v. Commissioner, 81 T.C. 937, 939            
          (1983); Chatham Corp. v. Commissioner, 48 T.C. 145, 146 (1967).             
               Sections 531 and 532 impose an accumulated earnings tax on             
          any corporation that is availed of for the purpose of avoiding              
          income tax with respect to its shareholders by permitting                   
          earnings and profits to accumulate beyond the reasonable needs of           
          its business.  Section 533(a) provides that, unless the                     
          corporation proves to the contrary by the preponderance of the              
          evidence, the fact that earnings and profits are permitted to               
          accumulate beyond the reasonable needs of the business shall be             
          determinative of the purpose to avoid the income tax with respect           
          to shareholders.                                                            
               Petitioner contends that it does not owe any accumulated               
          earnings tax because its reasonably anticipated business needs              
          exceeded its accumulated earnings and profits.  The primary issue           
          in any trial of the merits of the instant case will be the                  
          reasonableness of petitioner's claimed business needs.  If those            
          needs exceed petitioner's accumulated taxable income (after                 
          adjustments pursuant to section 535(b)), petitioner will owe no             
          accumulated earnings tax.  Secs. 531, 535(a).  If, however, those           




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