Zeeman Manufacturing Company, Inc. - Page 13

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          sold (including the calculations therefor), inventories,                    
          inventory turnover, sales, accounts receivable, accounts                    
          receivable turnover, merchandise purchased, accounts payable,               
          accounts payable turnover, and days in adjusted operating cycle.            
          Accordingly, we conclude that petitioner has made a sufficient              
          disclosure as to the accumulation for working capital needs based           
          upon the Bardahl formula.                                                   
               We believe that respondent's arguments concerning                      
          petitioner's particular Bardahl formula and computation, the                
          source of petitioner's financial information in its Bardahl                 
          computation, and the discrepancies between petitioner's Bardahl             
          computation and the Dun & Bradstreet credit compilation are                 
          arguments to be interposed at trial and need not be addressed in            
          deciding the instant motion.  Accordingly, we hold that, for                
          purposes of section 534(c), petitioner has made a sufficient                
          disclosure of the formula and data it relies upon to show its               
          working capital needs.  Gustafson's Dairy, Inc. v. Commissioner,            
          supra.  Consequently, we hold that respondent bears the burden of           
          proof as to the working capital needs of petitioner's business to           
          the extent of $7,418,264 for taxable year 1991, $7,673,978 for              
          taxable year 1992, and $8,634,583 for taxable year 1993.  We note           
          that respondent may carry the burden of proof at trial by                   
          establishing, e.g., that the formula itself is unreasonable or              
          the data are inaccurate or unrealistic.  Id.                                






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