- 17 - The flaw in the Five Star exception is that it requires the trier of fact to look to the primary purpose of the transaction in order to determine if an otherwise capital expenditure can be treated as an ordinary and necessary business expense under section 162. While the Fifth Circuit purported to look to the nature of the transaction, its ultimate focus was on the purpose or business reasons for which the stock was purchased. Petitioner’s argument is permeated by the same flaw that, as we observed in Frederick Weisman Co., was present in the “Five Star exception”. According to petitioner, the origin and nature of Chrysler’s costs of redeeming its common stock arose in the context of a union demand for compensation on behalf of the employees. Therefore, petitioner concludes, the costs patently constitute an ordinary and necessary expenses of doing business, deductible under section 162(a). We disagree. Although petitioner’s argument purports to look to the nature of the redemption transaction, its ultimate focus is on its purpose or business reasons for which the Chrysler common stock was redeemed. As we noted in Frederick Weisman Co. v. Commissioner, supra at 572-573: “The Supreme Court in Woodward and Hilton Hotels, and more recently in Arkansas Best Corp., has made it clear that this line of inquiry is inappropriate.” Thus, as our opinion in Frederick Weisman Co. v. Commissioner, supra, makes clear, redemption payments such as these simply are not ordinary and necessary business expenses deductible under section 162(a).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011