Frank and Barbara Biehl - Page 25




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          (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 reading                  






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