- 15 - Petitioner issued a credit to the customer in the amount of $7,095 to adjust for the prior overbilling. OPINION The primary issue for our consideration is whether petitioner's royalty payments to DM were reasonable in amount. To the extent petitioner's payments to DM are disallowed as royalties, petitioner argues that it is entitled to deduct the payments under section 162 as payments to a charitable organization in expectation of commensurate financial benefit. Taxpayers are entitled to deduct royalty expenses incurred in carrying on a trade or business that are reasonable in amount under section 162(a)(3). Sierra Club Inc. v. Commissioner, 86 F.3d 1526, 1531 (9th Cir. 1996), affg. in part and revg. in part 103 T.C. 307 (1994); Surloff v. Commissioner, 81 T.C. 210, 232 (1983); Differential Steel Car Co. v. Commissioner, 16 T.C. 413, 423 (1951). Reasonableness is a question of fact to be determined from all the facts and circumstances. Petitioner bears the burden of proving the reasonableness of royalty payments. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Respondent agrees that petitioner may deduct the royalty payments under section 162(a)(3) to the extent they were reasonable. Royalty payments between related parties require special scrutiny to determine whether they are reasonable in amount. Royalty payments are reasonable if an unrelated third party dealing at arm's length would have agreed to the payments.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011