Metro Leasing and Development Corporation - Page 24




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          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,           






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