- 16 - 6. Repairs and Renovations. The company had both anticipated needs and made significant repairs and renovations to its assets. 7. Dividend History. The company had a history of paying regular dividends. Petitioner’s statement provided varying degrees of detail as to the different grounds. Petitioner filed a Motion to Shift Burden of Proof to respondent. See Rule 142(e). We granted petitioner’s Motion to Shift Burden of Proof as to grounds 3 and 5 set forth above. The sole issue for decision is whether, for each of the years in issue, petitioner was availed of for the purpose of avoiding income tax with respect to its shareholders, within the meaning of section 532, and was thus liable for the accumulated earnings tax imposed by section 531. The accumulated earnings tax is imposed on the accumulated taxable income of every corporation formed or availed of for the purpose of avoiding the income tax with respect to its shareholders, by permitting earnings and profits to accumulate instead of being divided or distributed. See secs. 531 and 532. The purpose of the accumulated earnings tax is to compel the company to distribute any profits not needed for the conduct of its business so that individual stockholders will become liable for taxes on the dividends received. See Ivan Allen Co. v. United States, 422 U.S. 617, 626 (1975); United States v. DonrussPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011