- 18 - the loss on the sale of the shares. We concluded that when the taxpayer purchased the stock, he became an investor in the stock, and any subsequent gain or loss is due to the fortunes of the company. Accordingly, his loss was not found to be integrally related to the circumstances under which he acquired the stock, and we declined to apply the Arrowsmith v. Commissioner, supra, doctrine. Petitioner argues that Slater v. Commissioner, supra, is inapposite because the sale giving rise to the recognition of the entire loss at issue in that case occurred 17 months after the restrictions on the stock lapsed. Petitioner contends that no one, including the Commissioner, doubted that the restrictions on the shares of stock linked the taxpayer’s exercise of the options in 1968 to his income from the shares in 1969.8 It is true that the taxpayer sold the stock 17 months after the restrictions lapsed and no argument was ever made that a portion of the loss was attributable to the restricted period. Indeed, the restricted period was addressed in Slater v. Commissioner, supra, only to the extent that the taxpayers 8 The reporting of the bargain element as ordinary income by the taxpayers in 1969 when the restrictions lapsed was not governed by the relation-back doctrine. As such, we do not view petitioner’s statement regarding the link between the exercise of the option and the reporting of the bargain element as instructive in determining whether the relation-back doctrine applies to the facts of this case.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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