- 24 - these cases are distinguishable from those in Exacto Spring Corp. v. Commissioner 196 F.3d 333 (7th Cir. 1999). Respondent points out that the compensated officer of Exacto Spring Corp. (Exacto), a fine wire and spring manufacturer, was a technical expert who was integrally involved in development of the automated machinery that was one of the reasons for Exacto’s financial success. In addition, the compensated officer in Exacto was responsible for the solicitation of 60 percent to 70 percent of Exacto’s sales. By contrast, the Valentes’ services to petitioner were, with the exception of the purchase and sale of assets during the years under consideration, essentially to maintain and collect petitioner’s established and passive sources of revenue. Considering the fact that venue for any appeal of this case would be the Court of Appeals for the Ninth Circuit, see Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. (1971), and the fact that petitioner failed to meet the independent investor test, we do not find it appropriate to rely solely on the independent investor test to reach our findings and/or holding. II. Whether Petitioner Permitted Its 1995 Earnings To Accumulate Beyond the Reasonable Needs of the Business--Section 531 Section 531 imposes an additional 39.6-percent tax on accumulated taxable income. Under section 535, accumulated taxable income is adjusted taxable income less a dividends paid deduction and the accumulated earnings credit. For corporations,Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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