- 27 - In support thereof, respondent cites section 1.382(a)-1(h)(6), Example (1), Income Tax Regs., which provides: Example (1). X Corporation is engaged in the business of manufacturing and selling machinery. On January 1, 1958, the corporation suspends its manufacturing activities and begins to reduce its inventory of finished products because of general adverse business conditions and lack of profits. During the period between January 1 and September 1, 1958, the business of the corporation remains dormant. On September 1, 1958, A, an individual, purchases at least 50 percent in value of X Corporation's outstanding stock. On October 1, 1958, the corporation begins to manufacture the same type of machinery it manufactured before January 1, 1958. The reactivation of the corporation in the same line of business as that conducted before January 1, 1958, does not constitute the carrying on of a trade or business substantially the same as that conducted before the increase in stock ownership. This Court, however, has recognized that in some situations, a company may be temporarily inactive and still satisfy the requirements of section 382. See Clarksdale Rubber Co. v. Commissioner, 45 T.C. 234 (1965); H.F. Ramsey Co. v. Commissioner, 43 T.C. 500 (1965). Thus, the question becomes what degree of activity is necessary to sustain the characterization of “active trade or business.” Our issue is therefore factual. If we conclude that petitioner permanently ceased all business operations before the change of ownership, then it was engaged in no business at the time of the change, and therefore CDC could not “continue” toPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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