Ninth Circuit Issues Order Withdrawing Xilinx Cost-Sharing Opinion

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The U.S. Court of Appeals for the Ninth Circuit files a one-sentence order in Xilinx Inc. v. Commissioner, withdrawing its recent opinion holding that Xilinx Inc. is required to share the cost of employee stock options with its Irish subsidiary in a research and development joint venture for 1997-99. The company and IRS, as well as a multitude of multinational taxpayer interests, awaited the court's determination on whether to grant Xilinx's request that the court rehear the case. Xilinx contended in its rehearing request—as did dozens of large multinational taxpayers and related groups in amicus briefs—that the Ninth Circuit's opinion abandoned the arm's-length standard and will create huge uncertainties in international operations, increase cross-border tax controversies, and lead to more double taxation for multinational corporations.