- 10 - The income received for editing services for Fair Game and Moll Flanders, personal holding company income, constitutes 74 percent of petitioner’s adjusted ordinary gross income in the 1996 taxable year. The income received for editing services for Kazaam, The Associate, Breakdown, and Moll Flanders, personal holding company income, amounts to 76 percent of petitioner’s adjusted ordinary gross income for 1997. For the 1996 and 1997 tax years, petitioner’s ledgers indicate it received rental income in the amounts of $24,400 and $68,100 respectively. Respondent determined that these amounts constitute personal holding company income as defined in section 542(a)(2). Respondent’s determination is entitled to a presumption of correctness; petitioner bears the burden of proof to establish the determination is in error. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner advances no meaningful argument on brief that respondent’s determination is erroneous. We therefore find that the rental income in the years in issue is personal holding company income. We hold that petitioner is a personal holding company, as defined in section 542, for the 1996 and 1997 taxable years. As a consequence, petitioner is liable for personal holding company tax, imposed by section 541, equal to 39.6 percent of the undistributed personal holding company income for each ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011