- 30 - a plan is not created simply by adding together the number of sites considered. See id. at 277. Petitioner’s corporate minutes document discussions of the possibility of opening stores in McKinney or Bonham, but no specific action was taken by the board because the available properties were not suitable. We realize that not all of the actions and decisions of the board of directors are documented in the corporate minutes, and we have considered the testimony of the corporate officers and petitioner’s realtor. Based on the facts and circumstances, we agree with respondent. Petitioner had an intent to expand its business and seriously investigated the possible expansion into McKinney or Bonham by considering specific properties. However, no specific, definite, and feasible business expansion plan materialized from the research. We conclude that petitioner had neither developed a business expansion plan that was definite, specific, and feasible nor taken a substantial step to implement a business expansion plan. Respondent has met his burden of proof in demonstrating that petitioner did not have a specific, definite, and feasible business expansion plan during the years in issue and that it was not reasonable for petitioner to accumulate its earnings and profits for this purpose.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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