Key legal question
Whether the 2001 and 2002 dividends were extraordinary income subject to separate taxation for federal direct tax
Extracted holding
Yes. The dividends were extraordinary because they were paid in the calculation gap, reflected an exceptional distribution policy, and could be influenced by the taxpayer as controlling shareholder.
Extracted reasoning
The court held that dividend distributions are not excluded from Art. 218 LIFD. The company had no regular dividend policy before the transition period, the distributions increased markedly despite fluctuating profits, and the taxpayer could control the payout policy.