- 45 - the corporation itself and must be for bona fide business purposes. Id. The regulations provide a “prudent businessman” test to determine whether earnings have been accumulated beyond the business’s present and reasonably anticipated future needs. Under this test, “An accumulation of the earnings and profits * * * is in excess of the reasonable needs of the business if it exceeds the amount that a prudent businessman would consider appropriate for the present business purposes and for the reasonable anticipated future needs of the business.” Id. The determination of the reasonable needs of a business is in the first instance a question for the corporation’s officers and directors, and courts should only reject the officers’ and directors’ judgment to accumulate earnings where the facts and circumstances warrant the conclusion that an earnings accumulation is unreasonable and for tax-motivated purposes. Snow Manufacturing Co. v. Commissioner, 86 T.C. 260, 269 (1986); Atl. Props., Inc. v. Commissioner, 62 T.C. 644, 656 (1974), affd. 519 F.2d 1233 (1st Cir. 1975). The mere fact that a corporation’s officers and/or directors have consciously decided to retain earnings for a stated anticipated future need, however, does not necessarily mean that an accumulation for that need satisfies the reasonable needs of the business test. A corporation must justify an accumulation for reasonably anticipated future needs by demonstrating, as of the end of each relevant year, a specific, definite, and feasible plan to use the accumulation to meet the stated need within a reasonable time.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011