-17- petitions were filed. On April 4, 2002, the parties stipulated that no amount relating to ESOs would be included in petitioner’s 1996 cost-sharing pool. B. Summary Judgment Motions The Court filed petitioners’ motion for partial summary judgment on February 4, 2002, and on March 6, 2002, filed respondent’s cross-motion for partial summary judgment. On October 28, 2003, we denied both parties’ motions, addressed whether the spread is a cost pursuant to section 1.482-7(d)(1), Income Tax Regs., and concluded: respondent has not established that the spread is indeed a cost or that the exercise date is the appropriate time to determine and measure such cost. * * * In addition, * * * petitioner has not sufficiently established that it did not incur an expense upon the employee’s exercise of the options at issue. The Court also addressed whether respondent’s lack of knowledge of comparable transactions (i.e., where unrelated parties agree to share the spread), or a finding that uncontrolled parties would not share the spread, would have any effect on respondent’s authority to make allocations pursuant to section 1.482-1(a)(2), Income Tax Regs. We concluded: Section 1.482-1(b)(2), Income Tax Regs., does not require respondent to have actual knowledge of an arm’s-length transaction as a prerequisite to determining that an allocation should be made. See Seagate Technology, Inc. v. Commissioner, T.C. Memo. 2000-388. If, however, it is established thatPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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