Haffner's Service Stations, Inc. - Page 45




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          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.              





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