- 25 - (1996), the Court analyzed section 162(k) which, at the time, prohibited deductions for amounts paid by a corporation “in connection with the redemption of its stock”. The issue before the Court was whether the costs incurred in obtaining debt financing to complete a leveraged buyout that was treated as a redemption were “in connection with” the corporation’s redemption of its stock and therefore nondeductible under section 162(k). Relying on Snow and Huntsman, we interpreted “in connection with” broadly to mean “associated with, or related”. Id. at 352. We confirmed our reading by consulting the legislative history of section 162(k), which expressly stated that “in connection with” was intended to be construed broadly. Id. at 353. In applying the broad interpretation, we found that much of the evidence referred to the debt financing as “necessary” to the transaction. Id. at 352. In addition, the taxpayer’s payment of financing costs, its receipt of the debt capital, and the redemption were events in a continuum that culminated in the redemption. Id. at 353. Similarly to the Court of Appeals for the Eighth Circuit in Huntsman, we found the financing costs were an “integral part” of a detailed plan. Id. We concluded that the financing costs were both a cause and effect of the leveraged buyout (the redemption). Id. The foregoing authorities obviously support a broad reading of “in connection with”, but that is by no means a readingPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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