- 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
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