Entire Settlement Payment Is Purchase Price

Business Valuation UpdateVol. 9 No. 7
Legal and Court Case Update
July 2003
4911 Electric Services
221111 Hydroelectric Power Generation
federal taxation
shareholder agreement, employment agreement, income tax

Indeck Energy Services, Inc. v. Commissioner
T.C. Memo 2003-101
April 11, 2003
US
Federal Court
United States Tax Court
Gale

Summary

One of the issues for the Tax Court was whether $4,856,922 of a $19,886,922 settlement made by Indeck Energy Services, Inc. to Michael P. Polsky was interest deductible by Indeck and recognizable as ordinary income to Polsky or whether it was part of the purchase price for shares of Indeck stock held by Polsky.

See Also

Indeck Energy Services, Inc. v. Commissioner

Issues are whether part of settlement payment constitutes interest deductible by Indeck and recognizable as ordinary income by petitioners, and whether penalties apply.