- 2 - claimed deduction for the taxable year ended June 30, 1996. The deficiencies arose in 2 taxable years because respondent’s adjustment affected the amount of the general business credit carried forward and applied to the taxable year ended June 30, 1997. After concessions by the parties, we are left to decide whether petitioner may deduct a $3,082,710 payment that it made to its former employee/shareholder Virgil R. Eihusen (V. Eihusen). Petitioner made the payment to V. Eihusen in relinquishment of its obligations under an employment agreement with him and in settlement of various legal claims which he had filed against petitioner. At the same time, petitioner also paid V. Eihusen other amounts in reacquisition of all of his stock in petitioner. We hold that petitioner may deduct the $3,082,710 payment under section 162(a) as an ordinary and necessary business expense and that section 162(k) does not preclude this deduction. Unless otherwise indicated, section references are to the Internal Revenue Code applicable to the subject years. Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Many facts were stipulated, and we incorporate the parties’ stipulation of facts and the accompanying exhibits by thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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