Sean Foley Landon McGrew The US Court of Appeals for the Ninth Circuit has re-issued its opinion in Xilinx, Inc. v. CIR, No. 06-74246 (9th Circuit March 22 2010), holding that stock-based compensation costs incurred in connection with a cost sharing arrangement were not required to be shared. This decision reverses an earlier Ninth Circuit opinion (Xilinx, Inc. v. CIR, No. 06-74246 (9th Circuit May 27, 2009) which held that such costs were required to be shared, even if such costs would not have been shared in an arm's length transaction. The court withdrew its earlier opinion before the issuance of the new opinion. The court's re-issued opinion also affirms the Tax Court's decision in Xilinx, Inc v CIR, 125 T.C. 37 (2005).
April 30 2010