- 4 - Respondent counters that: (1) Section 1.482-2(d)(4)4 and (b)(4), Income Tax Regs., requires that “all costs” be included in cost-sharing arrangements, and “all costs” include employee stock options; and (2) there are disputed material facts concerning whether arm’s-length parties would share the cost of stock options granted to employees who performed the research and development for the transferred intangible. Background Petitioner is the successor in interest to Conner Peripherals, Inc. (Conner Domestic), which developed and manufactured hard disk drives for sale to personal computer manufacturers and others. Effective January 1, 1988, Conner Domestic and its wholly owned foreign manufacturing subsidiary, Conner Peripherals Singapore, Ltd. (Conner Foreign 1), entered into a cost-sharing agreement. Effective July 1, 1990, Conner Domestic, Conner Foreign 1, and Conner Domestic’s wholly owned Singapore corporation, Conner Peripherals Pte., Ltd., entered into a new cost-sharing agreement for sharing research and development (R&D) costs, and the 1988 cost-sharing agreement was 4 Sec. 1.482-2(d), Income Tax Regs., was amended in 1993, and respondent refers to the amended version (sec. 1.482-2A(d), Income Tax Regs.) in his materials. Petitioner, on the other hand, refers to the unamended version. While the years we consider predate the amendment, the amended version, to the extent pertinent here, has not been changed. Accordingly, the references used by the parties are interchangeable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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