- 6 - distribution. Petitioner bears the burden of proof.7 Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). A. Sufficiency of BCE’s Earnings and Profits Petitioner contends that BCE had insufficient earnings and profits to make a dividend and that, as a result, the distribution of Nortel stock constituted a return of capital. According to petitioner, BCE’s retained earnings statement is incorrect. The retained earnings statement describes the total value of the Nortel shares distributed to BCE’s shareholders as equal to approximately $10 billion. Petitioner asserts, however, that the total value of the Nortel stock distribution was actually approximately $59 billion, which amount exceeded BCE’s earnings and profits. We cannot accept petitioner’s argument. Not only has petitioner failed to offer any credible evidence in support of his contention, the retained earnings statement clearly reflects that BCE made the Nortel stock distribution from BCE’s earnings and profits. B. Reduction of the Distribution Amount As his second argument, petitioner contends that, on the effective date of the Nortel stock distribution, BCE’s8 stock 7Petitioner has not argued that respondent bears the burden of proof, nor has petitioner satisfied the requirements of sec. 7491(a)(1). 8Petitioner’s argument specifically mentioned BCE’s stock. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 Next
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