Computervision International Corp. - Page 51

                                       - 51 -                                         
          using net interest expense for those years.                                 
          Stock Warrant Issue                                                         
               The final issue that we consider is the character of the net           
          proceeds from the sale of the second warrant15 for the purchase             
          of stock in Sun.                                                            
               Petitioners, contending that the second warrant was a                  
          capital asset, argue that the entire amount of the proceeds from            
          the sale of the second warrant constitutes long-term capital                
          gain.                                                                       
               Respondent, contending that the second warrant constituted a           
          discount from the price of workstations purchased from Sun and              
          relying on section 1.471-3(b), Income Tax Regs., argues that the            
          entire amount of the net proceeds from the sale of the second               
          warrant constitutes either an increase in CV’s gross income or a            
          reduction in its cost of goods sold.                                        
               The transaction in issue is the same one that we considered            
          in Sun Microsystems, Inc. v. Commissioner, T.C. Memo. 1993-467,             
          where we decided the tax treatment of the first and second                  
          warrants with respect to their grantor, Sun, except that in the             
          instant case we must decide the tax treatment of the second                 
          warrant with respect to its recipient.                                      
               We conclude that the approach we took in resolving the issue           


          15                                                                          
               We note that only the tax treatment of the second warrant,             
          which CV sold on Mar. 12, 1987, is in issue in the instant case.            




Page:  Previous  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

Last modified: May 25, 2011