Seagate Technology, Inc. - Page 14




                                        - 14 -                                        
          character from the distributions in liquidation which such                  
          payments would have served to diminish.  Bauer v. Commissioner,             
          15 T.C. 876, 878-79 (1950), revd. sub nom. Commissioner v.                  
          Arrowsmith, 193 F.2d 734 (2d Cir. 1952), affd. 344 U.S. 6                   
          (1952).  The Supreme Court agreed with the Commissioner’s                   
          position and held that the payments by the taxpayers were                   
          allowable only as capital losses because they arose from the                
          earlier capital transaction.                                                
               Courts have applied the Arrowsmith v. Commissioner, supra,             
          relation-back doctrine in favor of both the taxpayer and the                
          Government in a myriad of factual settings.7  The relation-back             
          doctrine has also been invoked under different labels, such as              
          the “tax benefit rule” of United States v. Skelly Oil, 394 U.S.             
          678 (1969) or the “origin of claim” rule established in cases               
          such as Clay v. Commissioner, T.C. Memo. 1981-375.  Regardless              
          of the label given to the principle, this Court has consistently            
          framed it as follows:                                                       
               the most appropriate tax treatment of the transaction                  
               in the later year is obtained by examining the                         


               7 For example, the relation-back doctrine has been utilized            
          not only in the context of corporate liquidations, but also in              
          the context of:  (1) Settling lawsuits or paying attorneys’ fees            
          in connection with a previous disposition of property, Kimbell v.           
          United States, 490 F.2d 203 (5th Cir. 1974); (2) refunding or               
          adjusting purchase prices, United States v. Skelly Oil Co., 394             
          U.S. 678 (1969); and (3) cases dealing with section 16(b) of the            
          Securities and Exchange Act of 1934 (currently codified at 15               
          U.S.C. sec. 78p(b)), Brown v. Commissioner, 529 F.2d 609 (10th              
          Cir. 1976), revg. T.C. Memo. 1973-275.                                      





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011