Chrysler Corporation - Page 18




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               Nor are we persuaded by petitioner’s endeavor to avoid                 
          application of the well-settled law on redemptions by                       
          characterizing the full amount of the redemption payments solely            
          for purposes of this proceeding as the payment of personal                  
          service compensation.5  The redemption payments at hand were not,           
          as petitioner would have it, a substitute for wages.  Those                 
          payments were triggered by the demand of Chrysler’s                         
          employee/shareholders that Chrysler redeem its common stock from            
          the ESOT at fair market value.  That demand required that                   
          Chrysler pay to the employee/shareholders nothing more than they            
          would have otherwise received had they sold their Chrysler common           
          stock to an unrelated party on a public market.  The fact that              
          the redemption payments were not attributable to the personal               
          services of the employees is seen quickly from the fact that                
          Chrysler merely paid the employees for the appreciated value of             
          their stock.  See also Clayton v. United States, 33 Fed. Cl. 628            
          (1995) (decision on the taxability of distributions from the ESOT           
          to nonresident alien plan participants), affd. without published            
          opinion 91 F.3d 170 (Fed. Cir. 1996).  The employees did not                

               5 Although the manner in which a taxpayer reports an                   
          expenditure for financial accounting purposes does not control              
          its proper characterization for Federal income tax purposes, Thor           
          Power Tool Co. v. Commissioner, 439 U.S. 522, 542-543 (1979); see           
          also Old Colony R.R. Co. v. Commissioner, 284 U.S. 552, 562                 
          (1932), we give due regard to the fact that Chrysler reported the           
          redemption as a purchase of treasury stock for financial                    
          accounting purposes.                                                        






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