Chrysler Corporation - Page 15




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          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 into                 






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