Legal Opinion

Veritas Software Corp. v. Comm'r

United States Tax Court

Decided December 10, 2009No. 12075-06PublishedCited by 12 opinions

P entered into a cost-sharing arrangement with S, its foreign subsidiary, to develop and manufacture storage management software products. Pursuant to the cost-sharing arrangement, P granted S the right to use certain preexisting intangibles in Europe, the Middle East, Africa, and Asia. As consideration for the transfer of preexisting intangibles, S made a $ 166 million buy-in payment to P. P employed the comparable uncontrolled transaction method to calculate the payment.

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P entered into a cost-sharing arrangement with S, its foreign subsidiary, to develop and manufacture storage management software products. Pursuant to the cost-sharing arrangement, P granted S the right to use certain preexisting intangibles in Europe, the Middle East, Africa, and Asia. As consideration for the transfer of preexisting intangibles, S made a $ 166 million buy-in payment to P. P employed the comparable uncontrolled transaction method to calculate the payment. In a notice of deficiency issued to P, R employed an income method and determined a requisite buy-in payment of $ 2.5…

1Opinion of the Court

OPINION

Foley, Judge:

On November 3, 1999, VERITAS Software Corp. (VERITAS US) and VERITAS Ireland entered into a cost-sharing arrangement (CSA), which consisted of a research and development agreement and a technology license agreement.1 Also on November 3, 1999, VERITAS US, pursuant to the CSA, transferred preexisting intangible property to VERI-TAS Ireland and VERITAS Ireland made a buy-in payment to VERITAS US as consideration for the preexisting intangible property. After concessions, the issue for decision is whether, pursuant to section 482,2 the buy-in payment was arm’s length.

Background

2Cases cited11 opinions

  1. Shea v. CommissionerUnited States Tax Court · 1999
  2. Newark Morning Ledger Co. v. United StatesSupreme Court of the United States · 1993
  3. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1991
  4. Eli Lilly & Company and Subsidiaries, Cross-Appellees v. Commissioner of Internal Revenue, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1988
  5. Bausch & Lomb Incorporated and Consolidated Subsidiaries v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1991

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

3Cited by12 opinions

  1. amazon.com Inc. & Subsidiaries v. CirCourt of Appeals for the Ninth Circuit · 2019
  2. Eaton Corp. v. Comm'rUnited States Tax Court · 2013
  3. Wycoff v. Comm'rUnited States Tax Court · 2017
  4. Medtronic, Inc. v. Comm'rUnited States Tax Court · 2016
  5. Amazon.com, Inc. v. Comm'rUnited States Tax Court · 2017

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

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