Chief Industries, Inc. and Subsidiaries - Page 2

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          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 this                  








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