- 6 - corporation. See Fulman v. United States, 434 U.S. 528, 531 (1978). The additional tax is imposed by section 541, which provides: In addition to other taxes imposed by this chapter, there is hereby imposed for each taxable year on the undistributed personal holding company income (as defined in section 545) of every personal holding company (as defined in section 542) a personal holding company tax equal to 39.6 percent of the undistributed personal holding company income. A corporation is a personal holding company if two requirements are satisfied. See sec. 542(a). Those two requirements have been described as the "stock ownership" and "tainted income" tests. See Kenyatta Corp. v. Commissioner, 86 T.C. 171 (1986), affd. 812 F.2d 577 (9th Cir. 1987). The "stock ownership" test is satisfied if "At any time during the last half of the taxable year more than 50 percent in value of * * * [the corporation's] outstanding stock is owned, directly or indirectly, by or for not more than 5 individuals." Sec. 542(a)(2). The "tainted income" test is satisfied where "At least 60 percent of [the corporation's] adjusted ordinary gross income (as defined in section 543(b)(2)) for the taxable year is personal holding company income (as defined in section 543(a))". Sec. 542(a)(1). Section 543(a), which defines personal holding company income, provides in pertinent part:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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