- 11 - corporation to a departing shareholder is to redeem stock or to compensate for services. Steffen v. Commissioner, 69 T.C. 1049, 1052-1053 (1978); Erickson v. Commissioner, 56 T.C. 1112, 1123 (1971); Estate of Bette v. Commissioner, T.C. Memo. 1977-404. In each of those cases, we found that, under the agreement, the payment from the corporation was made solely for the taxpayer's stock. We especially consider a stock price set by the corporation and shareholder if other evidence shows that the price set equals the value of the stock. Smith v. Commissioner, 82 T.C. 705, 715-717 (1984) (we found that the corporation and the shareholder intended for the payment to be solely to redeem the taxpayer's stock). Thus, in deciding whether the $5 million was paid for stock redemption or work in process, or both, we begin by considering what CSB and decedent intended as shown by the 1973 agreement and the 1988 amendment. The 1973 agreement provided a formula to determine the amount to be paid to decedent's estate, but did not specify the amount. The 1988 amendment fixed the amount of CSB’s payment to decedent’s estate. CSB bought $5 million of insurance because decedent believed his widow would need that amount to maintain her standard of living. The purchase of life insurance helped CSB to finance the payment to decedent's estate, helped ensure that CSB would survive decedent’s death, eliminated the need to account forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011