- 13 - The Court of Appeals for the Fifth Circuit emphasized in its rationale that the accumulated earnings tax is a penalty tax and thus is to be strictly construed. Ivan Allen Co., 422 U.S. at 626, 95 S. Ct. at 2506. Due to the special nature of the accumulated earnings tax and its focused examination of earnings accumulated in a given year, it would be inequitable and inconsistent not to allow a corporation to deduct taxes assessed and attributable for the year at issue, even though the corporation may be contesting the taxes, as long as the corporation has paid the taxes prior to the final computation of its accumulated earnings tax liability. * * * [Rutter Rex, supra at 1296.] We respectfully disagree with the interpretation of the Court of Appeals for the Fifth Circuit of section 1.535-2(a)(1), Income Tax Regs. That regulation, in its amplification of the language “tax accrued during the taxable year”, is designed to permit a reduction from taxable income in arriving at accumulated taxable income for a tax liability that had accrued during the taxable year, but had not been paid (is “unpaid”). That final caveat of the regulation simply explains that an accrued but unpaid tax liability may not be used to reduce the base for the accumulated earnings tax, if the tax is contested. The focus of that final caveat is that no deduction is permissible where the liability is contested. The Court of Appeals, however, 13(...continued) respondent’s computation reflects that petitioner’s payment, in the amount of $326,932, had been paid but not assessed.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011