- 24 - corporate stock. Their status as shareholders was not “incidental” to the transaction; it was essential. Accordingly, the exception to application of section 311(a) provided in former section 1.311-1(e), Income Tax Regs., does not apply.9 Finally, petitioner maintains that summary judgment is inappropriate in this case. According to petitioner, a determination of the origin and nature of a claim is ordinarily an intensively factual matter, and the parties still dispute many relevant facts. We disagree with petitioner’s assertion that the subject issue is not ripe for summary judgment. After reviewing the materials filed by both parties, we find that there is no genuine issue as to any of the material facts that we have set forth supra in the background section. “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted.” Anderson v. Liberty Lobby, Inc., 477 U.S. at 248. Here, in resisting summary judgment, petitioner has proffered the 9 We also find without merit petitioner’s similar argument that the cost of redeeming the common stock is deductible as an expense of securing the LGA guaranty. This contention is misguided both as to the facts and the law. The undisputed facts show that, although the Government required Chrysler to establish the ESOP, it did not require the redemption which gave rise to the claimed deduction. Moreover, even if a redemption had been required as a condition of the loan guaranty, such a requirement would not affect the origin and nature of the redemption as a capital expenditure.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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