Seagate Technology, Inc. - Page 12




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          or characterized as arising from a passive investment in the                
          Read-Rite shares unrelated to the sale of the assets.5                      
               Petitioner contends that Conner Malaysia’s receipt and sale            
          of the restricted Read-Rite shares were part and parcel of, and             
          integrally related to, its sale of the assets.  Therefore,                  
          petitioner argues that under the relation-back doctrine, the                
          gain on the sale of the shares was inexorably tied to the gain              
          on the sale of the assets and does not constitute foreign                   
          personal holding company income.  Respondent contends that the              
          facts in this case do not support the application of the                    
          relation-back doctrine and the gain on the sale of the stock                
          cannot be characterized by reference to the earlier asset sale.             
               Generally, the relation-back doctrine, established by the              
          Supreme Court in Arrowsmith v. Commissioner, 344 U.S. 6 (1952),             
          stands for the principle that a subsequent event which is so                
          integrally related to a prior event that the two events are in              
          effect part and parcel of the same transaction, should be                   
          treated as having the same character as the prior event.  The               
          doctrine is premised on the idea that the tax consequences                  







               5 Petitioner admits that any net gain resulting from an                
          increase in stock price after the lapsing of the sales                      
          restriction should constitute FPHCI.                                        





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Last modified: May 25, 2011