- 21 - their equity in the homes on the vacate date. In assigned sales, the RSC paid the difference between the equity payment and the final sales price from the third-party sale directly to the employees when the third-party sales closed. In regular sales, the RSC credited any gain from a third-party sale to petitioner's account. Although not contractually obligated to do so, petitioner paid the gain to the employee who owned the residence. Respondent argues that petitioner did not in fact pay the gain over to the employees as it claims. However, we find no reason to doubt petitioner's contention. As petitioner did not profit from the sale of the residences, it is difficult for us to say that it was purchasing an ownership interest with the equity payments. At best, petitioner could recover the payments if the residences sold to third parties at their appraised values. In addition, petitioner's actions with respect to the residences were inconsistent with those of an owner. Petitioner was not interested in the home's long-term appreciation. It was concerned with quick sales of the residences even if the sales were at below the appraised value. Petitioner viewed the costs of the home disposal program as an expense of conducting its mainframe business and not as an investment in real estate. Petitioner paid the costs of home disposal, as well as other relocation costs of its employees, to induce employees to move and to speed the relocation process.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011