- 17 - Co., 393 U.S. 297, 303 (1969); Helvering v. Chicago Stock Yards Co., 318 U.S. 693, 699 (1943). The tax is considered to be a penalty and, therefore, has been strictly construed. See Ivan Allen Co. v. United States, supra at 626. Earnings and profits of a corporation permitted to accumulate beyond the reasonable needs of the business are determinative of the purpose to avoid the income tax with respect to shareholders, unless the corporation proves otherwise by a preponderance of the evidence to the contrary. See sec. 533(a); Technalysis Corp. v. Commissioner, 101 T.C. 397, 403 (1993); Hughes, Inc. v. Commissioner, 90 T.C. 1, 16 (1988); Snow Manufacturing Co. v. Commissioner, 86 T.C. 260, 269 (1986). Pursuant to section 534, the burden of proof was shifted to respondent to demonstrate that petitioner’s accumulation of earnings and profits for stockholder redemptions of stock and business expansion plans was beyond petitioner’s reasonable needs. The burden of proof remains on petitioner as to the other grounds asserted. The ultimate burden of proving that petitioner was not availed of for the prohibited statutory purpose is and remains upon petitioner. See American Metal Prods. Corp. v. Commissioner, 34 T.C. 89, 99 (1960), affd. 287 F.2d 860 (8th Cir. 1961); Pelton Steel Casting Co. v. Commissioner, 28 T.C. 153 (1957), affd. 251 F.2d 278 (7th Cir. 1958). A. Net Liquid AssetsPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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