- 21 - petitioner is entitled to deduct the portion of its payment to V. Eihusen relating to the employment agreement. In sum, we find petitioner’s payment of $3,082,710 to V. Eihusen to be deductible under section 162(a) as an ordinary and necessary business expense. Because we conclude that the entire payment is deductible, we need not and do not apportion that payment between the litigation settlement and the employment agreement. 2. Section 162(k) Respondent argues that petitioner may not deduct the payment of $3,082,710 because it was made in connection with a reacquisition of stock under section 162(k)(1). We disagree with respondent. Section 162(k)(1) disallows an “otherwise allowable” deduction for any amounts “paid or incurred by a corporation in connection with the reacquisition of its stock”. By enacting this provision in 1986, Congress wished to provide expressly that all expenditures incurred in reacquisition by a corporation of its own stock are nonamortizable capital expenditures. In that the record establishes that petitioner’s redemption of its shares owned by V. Eihusen was a “reacquisition” under section 162(k), our inquiry focuses on whether petitioner’s payment of $3,082,710 to V. Eihusen occurred “in connection with” that reacquisition.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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