Seagate Technology, Inc. - Page 13




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          should be the same as if the subsequent event had occurred at               
          the time of the prior event.6                                               
               In Arrowsmith v. Commissioner, supra at 7, the taxpayers               
          liquidated a corporation in which they had equal stock                      
          ownership.  Partial distributions were made from 1937 to 1940,              
          and the taxpayers classified and reported these distributions as            
          capital gains in each year.  In 1944, 4 years after the last                
          distribution, a judgment was entered against the taxpayers as               
          the corporation’s transferees.  Each taxpayer paid his or her               
          share of the judgment and deducted his or her payment as an                 
          ordinary business expense.  The Commissioner characterized the              
          taxpayers’ payments made pursuant to the judgment in 1944 as                
          capital losses, not ordinary expenses, that arose out of the                
          original 1940 liquidation.  The Commissioner maintained that                
          “the payment of the judgment ‘grew out of, was related to, and              
          took its character from a capital transaction’” and that the                
          judgment payments could not be disassociated in their ultimate              



               6 The relation-back doctrine is commonly employed to                   
          distinguish between capital and ordinary treatment of a                     
          transaction.  The problem usually arises when a court must                  
          distinguish between capital and ordinary treatment in determining           
          the character of a subsequent gain or loss which is directly                
          related to an earlier transaction.  To that end, courts routinely           
          hold that if there has been an “adjustment”, “renegotiation”, or            
          “revision” of the original selling price of the asset, the                  
          character of the subsequent transaction follows the character of            
          the initial transaction.  The relation-back doctrine has also               
          been used to prevent taxpayers from receiving what is effectively           
          a double benefit.                                                           





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