Reg. § 1.534-2 Burden of proof as to unreasonable accumulations in cases before the Tax Court.
(a) Burden of proof on Commissioner Under the general rule provided in section , in any proceeding before the Tax Court involving a notice of deficiency based in whole or in part on the allegation that all or any part of the earnings and profits have been permitted to accumulate beyond the reasonable needs of the business, the burden of proof with respect to such allegation is upon the Commissioner if:
(1) A notification, as provided for in section and of this section, has not been sent to the taxpayer; or
(2) A notification, as provided for in section and of this section, has been sent to the taxpayer and, in response to such notification, the taxpayer has submitted a statement, as provided in section and of this section, setting forth the ground or grounds (together with facts sufficient to show the basis thereof) on which it relies to establish that all or any part of its earnings and profits have not been permitted to accumulate beyond the reasonable needs of the business. However, the burden of proof in the latter case is upon the Commissioner only with respect to the relevant ground or grounds set forth in the statement submitted by the taxpayer, and only if such ground or grounds are supported by facts (contained in the statement) sufficient to show the basis thereof.
(b) Burden of proof on the taxpayer The burden of proof in a Tax Court proceeding with respect to an allegation that all or any part of the earnings and profits have been permitted to accumulate beyond the reasonable needs of the business is upon the taxpayer if:
(1) A notification, as provided for in section and of this section, has been sent to the taxpayer and the taxpayer has not submitted a statement, in response to such notification, as provided in section and of this section; or
(2) A statement has been submitted by the taxpayer in response to such notification, but the ground or grounds on which the taxpayer relies are not relevant to the allegation or, if relevant, the statement does not contain facts sufficient to show the basis thereof.
(c) Notification to the taxpayer Under section a notification informing the taxpayer that the proposed notice of deficiency includes an amount with respect to the accumulated earnings tax imposed by section may be sent by registered mail (or by certified or registered mail, if the notification is mailed after September 2, 1958) to the taxpayer at any time before the mailing of the notice of deficiency in the case of a taxable year beginning after December 31, 1953, and ending after August 16, 1954. See for rules relating to taxable years subject to the Internal Revenue Code of 1939. See section and with respect to a notification in the case of a jeopardy assessment.
(d) Statement by taxpayer
(1) A taxpayer who has received a notification, as provided in section and of this section, that the proposed notice of deficiency includes an amount with respect to the accumulated earnings tax imposed by section , may, under section , submit a statement that all or any part of the earnings and profits of the corporation have not been permitted to accumulate beyond the reasonable needs of the business. Such statement shall set forth the ground or grounds (together with facts sufficient to show the basis thereof) on which the taxpayer relies to establish that there has been no accumulation of earnings and profits beyond the reasonable needs of the business. See and of this section for rules concerning the effect of the statement with respect to burden of proof. See , inclusive, relating to reasonable needs of the business.
(2) The taxpayer's statement, under section and this paragraph, must be submitted to the Internal Revenue office which issued the notification (referred to in section and of this section) within 60 days after the mailing of such notification. If the taxpayer is unable, for good cause, to submit the statement within such 60-day period, an additional period not exceeding 30 days may be granted upon receipt in the Internal Revenue office concerned (before the expiration of the 60-day period provided herein) of a request from the taxpayer, setting forth the reasons for such request. See section and with respect to a statement in the case of a jeopardy assessment.