- 3 - 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, thosePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011