- 5 - In other words, respondent reported that it was expected that the parties would be able to agree on the amount of the expenses and, hence, the substantiation of the credits, leaving the legal issue for the Court’s consideration. The focus of the legal issue was whether petitioner’s research, which was performed pursuant to fixed-price Government contracts, was “funded” within the meaning of section 41(d)(4)(H). The question of whether the research was funded is dependent on whether the amounts petitioner received under the fixed-price Government contracts were “contingent on the success of the [petitioner’s] research and thus considered to be paid for the product or result of the research”. Sec. 1.41-5(d)(1), Income Tax Regs. During November 1995, the Court of Appeals for the Federal Circuit reversed the decision, Fairchild Indus., Inc. v. United States, 71 F.3d 868 (Fed. Cir. 1995). Following this reversal of fortune for the parties in this case, respondent advised that she would concede the legal issue that had been decided by the Court of Appeals. Respondent’s counsel also advised that they were not prepared to stipulate to the amount of research credits based on the engineer’s 1994 report, but that petitioner must quantify the amount of expenses underlying any credit with respect to fixed- cost Government contracts by reference to the contract line itemsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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