- 2 - The parties seek to determine, as a matter of law, whether the relation-back doctrine, established in Arrowsmith v. Commissioner, 344 U.S. 6 (1952), applies for purposes of sec. 954, I.R.C., in characterizing S’ portion of the gain relating to the increase in the value of the C stock during the period in which S was prohibited from selling the stock. P contends that, under the relation-back doctrine, the sale of the C stock was integrally related to the sale of the operating assets due to the lockup agreement and the restrictions on re-sale of the C stock, and that the gain on the sale of the stock must take its character from the sale of the assets and does not constitute FPHCI. R contends that the relation-back doctrine does not apply and S’ gain on the sale of C stock constitutes gain from a separate investment in stock giving rise to FPHCI taxable to P. Held: The relation-back doctrine established in Arrowsmith does not apply based on the facts of this case to characterize S’ gain on the sale of C stock for purposes of sec. 954, I.R.C., and accordingly the gain on the sale of the C stock constitutes FPHCI. Mark A. Oates, Thomas V.M. Linguanti, John M. Peterson, Jr., Mary E. Wynne, and Andrew P. Crousore, for petitioner. Debra K. Estrem, Michael J. Cooper, Bryce A. Kranzthor, Jeffrey L. Heinkel, Lavonne D. Lawson, Ewan D. Purkiss, and Mark S. Heroux, for respondent. MEMORANDUM OPINION GERBER, Judge: Pursuant to Rule 121,1 this matter is before the Court on the parties’ cross-motions for partial summary 1 Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code in effect for the taxable years at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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