- 15 - purpose of preventing damage to its business reputation. The Court reaffirmed that the taxpayer’s motivation or business purpose for purchasing an asset is irrelevant in determining whether the asset is a capital asset. Subsequently, in Frederick Weisman Co. v. Commissioner, 97 T.C. 563 (1991), we stated that we would no longer follow the Court of Appeals for the Fifth Circuit’s opinion in Five Star Manufacturing Co. v. Commissioner, supra. In the Frederick Weisman Co. case, the taxpayer’s sole supplier suddenly required the taxpayer to redeem the stock of all its shareholders other than the principal owner. The taxpayer did so and deducted the cost, including the purchase price of the redeemed stock plus the expenses. The taxpayer maintained that the deduction was justified as an ordinary and necessary business expense under section 162 because, as was the case in Five Star Manufacturing Co. v. Commissioner, supra, the redemption was necessary in order to preserve the corporation’s business. We declined to allow the deduction. We discussed extensively in Frederick Weisman Co. our disagreement with the Court of Appeals for the Fifth Circuit’s opinion in Five Star Manufacturing Co. v. Commissioner, supra. We stated: to the extent that the Fifth Circuit’s Five Star exception apparently transmutes the purchase price and expenses of a corporation acquiring its own stock intoPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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