Samson Investment Company and Subsidiaries - Page 27

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          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” to               








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