- 18 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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