- 97 - trademark fall short of the strictest quality control standards requisite for a textbook-quality license agreement that may be required as between unrelated third parties, they are sufficient and enforceable in the circumstances here. Petitioners make a collateral attack on the ownership issue. They seek refuge in section 482 regulations in an attempt to show that the form they chose should not be respected. Petitioners’ argument focuses on the 1968 regulations11 and points out that they do not contain mention of a license as a factor relevant to which person or entity should be considered to have “developer” status of intangible property. See sec. 1.482-2(d)(1)(ii), Income Tax Regs. In essence, petitioners argue that legal ownership should be disregarded for purposes of any section 482 reallocation of intangibles. Respondent argues that the facts here support a finding that DHL is the developer or that the regulations in question provide that, in the absence of a bona fide cost-sharing arrangement, respondent may make allocations upon the transfer of intangible property by the developer to a related entity. Respondent 11 The parties refer to the regulations that were promulgated in 1968 because the newer sec. 482 intangible property regulations were adopted in 1994, and petitioners did not elect, pursuant to sec. 1.482-1(j), Income Tax Regs. (1994), to have them apply retroactively. Sec. 1.482-2(d), Income Tax Regs., was effectively superseded by sec. 1.482-4T, Temporary Income Tax Regs., 58 Fed. Reg. 5263, 5287 (Jan. 21, 1993), generally effective for taxable years beginning after Apr. 21, 1993. The tax years in issue are 1990, 1991, and 1992.Page: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
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