- 23 - irrelevant to our analysis since neither party is advocating for the application of the open transaction doctrine in the present case. Indeed, the fact that Conner Malaysia discounted and valued the restricted shares in 1991 indicates that they treated the asset sale as a closed transaction in 1991. Petitioner nevertheless argues that the logic and analysis used in Likins- Foster Honolulu Corp. v. Commissioner, 840 F.2d 642 (9th Cir. 1988), affg. T.C. Memo. 1985-572 and Dimond v. United States (In re Steen), 509 F.2d 1398 (9th Cir. 1975), are controlling in the instant case, even though those cases did not cite Arrowsmith v. Commissioner, supra, and were decided using the open transaction doctrine. We disagree. While similarities may exist between relation-back cases and open transaction cases, they nonetheless involve different principles, and we simply cannot rely on cases that were decided based on the open transaction doctrine in order to decide a case that, neither party disputes, involved a closed transaction. Petitioner acquired the Read-Rite shares at a set price which was not at all dependent on what it subsequently obtained from unrelated third parties upon the sale of the restricted shares. Petitioner did not introduce any evidence that Conner Malaysia and Read-Rite intended the asset price to be determined after the Read-Rite shares were sold or the restrictions lapsed. The fact that Conner Malaysia assumed the risk that it wasPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011