-2- 1. Held: R’s allocation is contrary to the arm’s-length standard mandated by sec. 1.482-1(b), Income Tax Regs., because uncontrolled parties would not allocate the spread or the grant date value relating to employee stock options. 2. Held, further, P’s allocation satisfies the arm’s- length standard mandated by sec. 1.482-1, Income Tax Regs. Kenneth B. Clark, Ronald B. Schrotenboer, William F. Colgin, Tyler A. Baker, Jaclyn J. Pampel, Anthony D. Cipriano, and Allen Madison, for petitioners. David P. Fuller, Jeffrey A. Hatfield, Bryce A. Kranzthor, Lloyd T. Silberzweig, Kendall Williams, David N. Bowen, John E. Hinding, and Paul K. Webb, for respondent. OPINION FOLEY, Judge: Respondent determined deficiencies in the amounts of $24,653,660, $25,930,531, $27,857,516, and $27,243,975 and section 6662(a) accuracy-related penalties in the amounts of $4,935,813, $5,189,389, $5,573,412, and $5,448,795 relating to petitioners’ 1996,1 1997, 1998, and 1999 Federal income taxes, respectively. The issues for decision are whether: (1) Petitioner and its foreign subsidiary must share the cost, if any, of stock options petitioner issued to research and development employees, (2) respondent’s allocations meet the arm’s-length requirement set forth in section 1.482-1(b), Income Tax Regs., and (3) petitioners are liable for section 6662(a) accuracy-related penalties. 1 Pursuant to the parties’ Apr. 4, 2002, stipulation of settled issues, the 1996 taxable year is no longer in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011