- 18 - In Dahlem Found., Inc. v. Commissioner, supra, we concluded that a corporation’s activities (e.g., locating land for a shopping center, negotiating and paying the purchase price for the land, securing leases for occupancy of buildings in the new shopping center, and performing management functions with respect to the shopping center) established that the corporation did not constitute a mere holding company for purposes of the accumulated earnings tax. Id. at 1576-1577. We explained that the word “mere” in the statutory language at issue is meant to draw a distinction between corporations that are strictly passive in nature and those which engage in some measure of business activity. Id. at 1576; see also sec. 1.533-1(c), Income Tax Regs. (defining a holding company as a corporation that has practically no activities except holding property and collecting income therefrom). Under section 1.537-3(b), Income Tax Regs., it is provided that, for purposes of the accumulated earnings tax, where a corporation substantially owns and effectively operates a subsidiary company, the business activities of the subsidiary may 5(...continued) burden of proof as to whether a corporation constitutes a mere holding company for purposes of the accumulated earnings tax may be available under the provisions of sec. 7491. The parties herein, however, do not request any such shift in the burden of proof as to the issue of petitioner’s status as a mere holding company.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011