Seagate Technology, Inc. - Page 18




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          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.                                          





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