- 97 - payment treatment under Q&A-24(c) are parachute payments.58 The total 1991 SRP Benefits paid to each Retained Executive,59 the amount conceded by respondent as not contingent on a change in control under Q&A-24(c) of the proposed regulations, and the remainder that respondent contends is a parachute payment are as follows: 1991 SRP Noncontingent Benefit Amount Remainder Denny $728,977 $728,977 0 Francis 358,854 118,422 $249,432 Free 804,477 596,260 208,217 Garrett 406,292 166,580 239,712 Hite 540,333 270,166 270,167 Kurczewski 367,304 143,249 224,055 Richardson 426,642 0 426,642 Williams 227,380 0 227,380 Because we conclude that the 1991 SRP Benefits should be treated as compensation earned by the Retained Executives in 1992, those portions of the 1991 SRP Benefits conceded by respondent as excluded from parachute payment treatment under Q&A-24(c) are treated as part of the Retained Executives’ 1992 compensation for purposes of assessing whether petitioner has shown that the Retention Payments and the disputed 1991 SRP 58 The parties have also stipulated that the amounts denominated as “interest” paid with respect to the 1991 SRP Benefits are deductible by petitioner in 1992 pursuant to sec. 163(a). 59 Messrs. Brink, Pugh, and Thompson did not receive any 1991 SRP Benefits.Page: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
Last modified: May 25, 2011