- 4 - needs do not exceed such taxable income, petitioner nonetheless will be able to reduce its accumulated taxable income by the amount of any reasonable accumulations. Sec. 535(a), (c). If, pursuant to section 534(c), a taxpayer submits a statement of the grounds (together with facts sufficient to show the basis thereof) on which the taxpayer relies to establish that all or any part of its earnings and profits have not been permitted to accumulate beyond the reasonable needs of its business (section 534(c) statement or statement), respondent bears the burden of proving the grounds set forth in the statement. Sec. 534(a)(2). Respondent, however, bears the burden of proof in such a case only with respect to the relevant ground or grounds set forth in the statement submitted by the taxpayer, and only if such ground or grounds are supported by facts (contained in the statement) sufficient to show the basis therof [sic]. [Sec. 1.534-2(a)(2), Income Tax Regs.] The burden of proof remains on the taxpayer, inter alia, if the taxpayer submits a statement "but the ground or grounds on which the taxpayer relies are not relevant to the allegation or, if relevant, the statement does not contain facts sufficient to show the basis thereof." Sec. 1.534-2(b)(2), Income Tax Regs. Accordingly, the only issue we decide is the sufficiency of the statement submitted by petitioner.2 In Bittker & Eustice, 2 Petitioner contends that respondent bears the burden of proof as to the accumulated earnings issue in its entirety. In (continued...)Page: 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