Seagate Technology, Inc., Successor in Interest to Seagate Peripherals, Inc., f.k.a. Conner Peripherals, Inc.. - Page 6




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          not to be resolved in such proceedings.  See Espinoza v.                    
          Commissioner, 78 T.C. 412, 415-416 (1982); Shiosaki v.                      
          Commissioner, 61 T.C. 861 (1974).  The party moving for summary             
          judgment has the burden of showing the absence of a genuine issue           
          as to any material fact.  See Shiosaki v. Commissioner, supra.              
               The dispute here concerns a cross-border transfer of                   
          intangibles by a domestic parent to its foreign subsidiaries.               
          Under the regulations in effect for the years under                         
          consideration, if a group of controlled entities participated in            
          a “bona fide cost-sharing arrangement” as to the development of             
          intangibles, then the district director is limited in his                   
          approach to reallocation.  Sec. 1.482-2(d)(4), Income Tax Regs.             
          In particular, the regulation provides that if there is a “bona             
          fide cost-sharing arrangement”, then “the district director shall           
          not make allocations with respect to such acquisition [of                   
          intangibles] except as may be appropriate to reflect each                   
          participant’s arm’s length share of the costs and risks of                  
          developing the property.”  Id.                                              
               The regulation goes on to direct that cost-sharing                     
          arrangements will be considered “arm’s length” where the “terms             
          and conditions * * * [are] comparable to those which would have             
          been adopted by unrelated parties similarly situated had they               
          entered into such an arrangement.”  Id.  There is no disagreement           
          about the bona fides of the cost-sharing agreements between the             






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