Legal Opinion

St. Jude Medical v. Comm'r

United States Tax Court

Decided October 31, 1991No. Docket No. 5274-89PublishedCited by 17 opinions

P is the related supplier of I, a domestic international sales corporation (DISC). P and I use the "50/50 combined taxable income" method of computing the transfer price allowable under sec. 994(a). P paid research and development expenses attributable to potential products which were never placed into production or offered for sale.

Read the full summary

P is the related supplier of I, a domestic international sales corporation (DISC). P and I use the "50/50 combined taxable income" method of computing the transfer price allowable under sec. 994(a). P paid research and development expenses attributable to potential products which were never placed into production or offered for sale. P failed to allocate and apportion such research and development expenses pursuant to sec. 1.861-8(e)(3), Income Tax Regs., as required by sec. 1.994-1(c)(6)(iii), Income Tax Regs., in computing the combined taxable income of P and I. P also failed to allocate 30…

1Opinion of the Court

OPINION

WRIGHT, Judge:

Respondent determined the following deficiencies in petitioner’s Federal income taxes:

Year Deficiency

1979. $194,794

1981. 233,956

1982. 812,906

1983. 832,559

After concessions, the deficiency determined for taxable year 1979 is no longer in issue. The issues remaining for decision with respect to taxable years 1981, 1982, and 1983 are:(1) Whether the research and development expense allocation moratorium under section 223 of the Economic Recovery Tax Act of 1981 (sec. 223 of ERTA), Pub. L. 97-34, 95 Stat. 172, 249, is applicable to the computation of combined taxable…

2Cases cited9 opinions

  1. United States v. LarionoffSupreme Court of the United States · 1977
  2. Busic v. United StatesSupreme Court of the United States · 1980
  3. National Muffler Dealers Assn., Inc. v. United StatesSupreme Court of the United States · 1979
  4. United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982
  5. Rowan Cos. v. United StatesSupreme Court of the United States · 1981

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. General Dynamics Corp. v. CommissionerUnited States Tax Court · 1997
  2. Intel Corp. v. CommissionerUnited States Tax Court · 1993
  3. St. Jude Medical, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1994
  4. Bowater, Inc. v. CommissionerUnited States Tax Court · 1993
  5. Perkin-Elmer Corp. v. CommissionerUnited States Tax Court · 1994

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API