Knight Furniture Co., Inc. - Page 16




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               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. Donruss           




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