Poole v. Commissioner
United States Tax Court
1. In 1956, an inventor transferred an exclusive license to patents to corporation R which was not a related person within the meaning of section 1235(d), I.R.C. 1954, but which he in fact controlled, and on the same day, corporation R transferred a nonexclusive license to such patents to corporation V which was a related person.
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1. In 1956, an inventor transferred an exclusive license to patents to corporation R which was not a related person within the meaning of section 1235(d), I.R.C. 1954, but which he in fact controlled, and on the same day, corporation R transferred a nonexclusive license to such patents to corporation V which was a related person. Held, that in 1956 section 1235(d) applied to an indirect transfer of a patent to a related person; that there was such an indirect transfer; and that when a holder of a patent transfers it to a related person and receives payments in the manner described in section…
1Opinion of the Court
Simpson, Judge:
The issnes to 'be resolved in docket No. 2664-64 are: (1) Whether section 1235(d) of the Internal Revenue Code of 19541 applied to an indirect transfer of a patent made by a holder to a related person in 1956; (2) whether such an indirect transfer occurred in this case; and (3) whether a patent holder may obtain capital gains treatment for payments described in section 1235 (a) if a transfer of a patent is made to a related person. The issue in docket No. 2665-64 is whether an increase in royalty payments made to the petitioner’s majority shareholder was made for adequate…
2Cases cited7 opinions
- McWilliams v. CommissionerSupreme Court of the United States · 1947
- Friedberg v. United StatesSupreme Court of the United States · 1955
- Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
- Nichols v. CommissionerUnited States Tax Court · 1964
- Thomas Flexible Coupling Co. v. CommissionerCourt of Appeals for the Third Circuit · 1946
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Estate of Craft v. CommissionerUnited States Tax Court · 1977
- Newton Insert Co. v. CommissionerUnited States Tax Court · 1974
- Blake v. Comm'rUnited States Tax Court · 1976
- Charlson v. United StatesUnited States Court of Claims · 1975
- Taylor v. CommissionerUnited States Tax Court · 1970
15 more not listed; retrieve them via the Exa API.