- 13 - restricted shares of stock in petitioner owned directly by him. Petitioner also transferred to V. Eihusen $1,674,000, forgave the Hall County judgment of $1,386,951, and factored in the golf cart adjustment of $21,759 in release of litigation and employment claims which V. Eihusen had, or may have had, primarily against petitioner and its directors, officers, and employees. V. Eihusen, in turn, delivered to petitioner in addition to the noted shares of stock: (1) Certificates evidencing dismissal, with prejudice, of all claims which he had outstanding against petitioner in both the ESOP litigation and the Intermodal litigation; (2) a global release of all claims he may have had against petitioner, its subsidiaries, First National, the ESOP committee, and petitioner’s officers, directors, employees, and agents; (3) his resignation as a director, officer, and employee of petitioner; and (4) his release of petitioner’s obligations under the employment agreement. Petitioner deducted $3,082,710 ($1,674,000 + $1,386,951 + $21,759) as an ordinary and necessary business expense, noting on its tax return that this expense was a “lawsuit settlement cost”. Respondent disallowed the deduction, determining that the payment in question was a nondeductible expense either because it was capital or because it was made in connection with petitioner’s reacquisition of its stock.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011