Chrysler Corporation - Page 2




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                                 MEMORANDUM OPINION                                   

               LARO, Judge:  Respondent moves the Court for partial summary           
          judgment.  See Rule 121.1  Respondent determined deficiencies of            
          $593,967, $13,064,705, and $36,102,409 in petitioner’s 1983,                
          1984, and 1985 Federal income taxes, respectively.  Following our           
          disposition of two other issues in this case, see Chrysler Corp.            
          v. Commissioner, 116 T.C. 465 (2001); Chrysler Corp. v.                     
          Commissioner, T.C. Memo. 2000-283, we must decide whether                   
          Chrysler Corporation (Chrysler) may deduct for 1985 amounts it              
          paid to redeem its common stock held in the employee stock                  
          ownership trust (ESOT) underlying the Chrysler Employee Stock               
          Ownership Plan (ESOP).  We hold it may not.                                 
                                     Background                                       
               Our statement of the background of this case is derived                
          mainly from the pleadings, the parties’ stipulation of facts as             
          to the instant issue, the exhibits attached to that stipulation             
          of facts, the parties’ respective memoranda filed on May 3, 2000,           
          as to issues of fact and law in this case, and the materials                
          filed as to the instant motion.  We also include within our                 
          statement, as they relate to the operation of the ESOP and ESOT,            
          the pertinent provisions of the Chrysler Corporation Loan                   


               1 Rule references are to the Tax Court Rules of Practice and           
          Procedure.  Unless otherwise indicated, section references are to           
          the Internal Revenue Code in effect for the relevant years.                 





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