Legal Opinion

Poole v. Commissioner

United States Tax Court

Decided June 20, 1966No. Docket Nos. 2664-64, 2665-64PublishedCited by 20 opinions

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.

Read the full summary

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

  1. McWilliams v. CommissionerSupreme Court of the United States · 1947
  2. Friedberg v. United StatesSupreme Court of the United States · 1955
  3. Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
  4. Nichols v. CommissionerUnited States Tax Court · 1964
  5. 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

  1. Estate of Craft v. CommissionerUnited States Tax Court · 1977
  2. Newton Insert Co. v. CommissionerUnited States Tax Court · 1974
  3. Blake v. Comm'rUnited States Tax Court · 1976
  4. Charlson v. United StatesUnited States Court of Claims · 1975
  5. Taylor v. CommissionerUnited States Tax Court · 1970

15 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