- 20 - amended by the Senate.8 See H. Conf. Rept. 100-1104 (Vol. II), at 145, 146 (1988), 1988-3 C.B. 473, 635-636. Given the fact that none of petitioner’s shareholders owns the requisite percentage of stock as set forth in the report of the House Ways and Means Committee, we hold that petitioner does not qualify for the exemption set forth in section 263A(h).9 We need not and do not address whether petitioner was otherwise disqualified for that exemption because, as asserted by respondent, its paper products are utilitarian in nature. Having concluded that petitioner is subject to the UNICAP rules, we now turn to the remaining issue; i.e., the year in which section 481 requires that petitioner account for its change to the UNICAP rules. Petitioner argues that TRA section 803(d)(2) requires that it account for this change in its taxable year ended June 30, 1988. In relevant part, that section provides: 8 None of the Senate’s amendments are relevant for purposes of our discussion. 9 Petitioner argues that the Court should apply a “facts and circumstances test” to determine whether Ms. Spafford owns “substantially all” of petitioner’s stock for purposes of sec. 263A(h). Petitioner notes that neither the text of sec. 263A nor the regulations thereunder have ever mentioned the 95 percent test referenced in the committee report and states that the “House Committee Report to Public Law 100-246 * * * suggested that a 95% interest would clearly satisfy the substantially all test.” Suffice it to say that the 95-percent test referenced in the committee report is more than a mere suggestion and that petitioner fails the 95-percent test because none of its shareholders owns the requisite percentage of stock.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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