- 5 - Federal Income Taxation of Corporations and Shareholders, par. 7.08[2], at 7-31 (6th ed. 1994), the authors comment that a section 534(c) statement: must constitute more than mere notice of an intent to prove the reasonableness of the accumulation. Rather, the taxpayer must show its hand by stating clearly and specifically the grounds on which it will rely to quantify and prove reasonable business needs and by setting out the facts (not the evidence but more than conclusions of law) that, if proven, support the alleged business needs for the accumulation. [Gustafson's Dairy, Inc. v. Commissioner, T.C. Memo. 1995-11 (quoting substantially same passage in 5th ed. (1987)); Hughes, Inc. v. Commissioner, 90 T.C. 1, 17 (1988) (substantially same language in 4th ed. (1979)); Rutter v. Commissioner, supra at 939 (same).] Although the taxpayer's statement must reveal its litigation theory to respondent, the statement must outline only the basic 2(...continued) the notice of deficiency, respondent used the Bardahl calculation that appeared in respondent's Notice of Intent to Assert Accumulated Earnings Tax (Notice of Intent). After the Notice of Intent was sent but before the notice of deficiency was sent, respondent's agent agreed to certain corrections to the Bardahl calculation. Accordingly, citing the Helvering v. Taylor, 293 U.S. 507, 515 (1935) line of cases, petitioner argues that the notice of deficiency is excessive and erroneous and that, therefore, respondent bears the burden of proof as to all matters therein. We disagree. In the instant case, for purposes of the notice of deficiency, respondent used a Bardahl computation in the determination of petitioner's tax liability. Generally, we do not look behind a notice of deficiency to examine the evidence used or the propriety of the Commissioner's motives, administrative policies, or procedures involved in making the determinations in the notice. Proesel v. Commissioner, 73 T.C. 600, 605 (1979); Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324, 327 (1974). Accordingly, except to the limited extent we decide otherwise herein, the burden of proof remains on petitioner to prove that respondent's determinations are erroneous. Rule 142(a).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