- 2 - deductions for the amount of costs and fees it paid or incurred that are properly allocable to indebtedness and amortized over the term of such indebtedness. James L. Malone III, Kristen E. Hazel, and Lonn W. Myers, for petitioner. Lawrence C. Letkewicz, William E. Bogner, and Dana E.P. Hundrieser, for respondent. SUPPLEMENTAL OPINION RUWE, Judge: On August 24, 1994, we issued an opinion that resolved some, but not all, of the issues in this case. Fort Howard Corp. v. Commissioner, 103 T.C. 345 (1994). The parties have now settled the remaining issues. One of the issues resolved in our prior opinion was whether section 162(k)1 precluded petitioner from deducting or amortizing the costs and fees, other than interest, that petitioner paid in 1988 to borrow funds used in the leveraged buyout (LBO) of its stock. We held that such costs and fees were paid or incurred "in connection with" a redemption and that section 162(k) precluded petitioner from deducting or amortizing them for purposes of computing its taxable income. 1Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 Next
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