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Ninth Circuit Case Creates Deduction Opportunity for Companies with ESOPs
McDermott Will & Emery
June 25, 2003
Excerpt: The U.S. Court of Appeals for the Ninth Circuit recently held that payments made by a corporation to redeem shares of its stock held in an [ESOP] and distributed by the ESOP to participants were deductible under section 404(k) of the Internal Revenue Code (Code).... Some companies may be able to claim deductions that they did not realize existed. However, securing these deductions is not a sure thing. Before claiming such a deduction, an employer should consider the following: ...
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