Amdahl Corporation and Consolidated Subsidiaries - Page 21

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          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.                                        






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