Clayton v. United States

OPINION

MILLER, Judge.

This ease is before the court after argument on cross-motions for summary judgment. Plaintiffs’ motion for summary judgment presents four independent legal arguments supporting a tax refund for 1986, the taxable year at issue. The resolution of any one issue in plaintiffs’ favor will result in a decision entitling plaintiffs to the requested refund. The first issue is whether the distribution resulting from the termination of the Chrysler Corporation Employee Stock Ownership Plan (the “ESOP”) to nonresident alien plan participants constituted a stock or cash distribution,…