Stephen D. Podd - Page 31

                                       - 31 -                                         
                                        OPINION                                       
               1.  Analysis of Arm’s-Length Royalties for Use of                      
               Intangibles                                                            
                    a.  Section 482 in General                                        
               Section 4826 gives respondent broad authority to allocate              
          income, deductions, credits, or allowances between commonly                 
          controlled organizations, trades, or businesses if respondent               
          determines that the reallocation is necessary to prevent the evasion        
          of taxes or clearly to reflect the income of the controlled                 
          entities.  The purpose of section 482 is to prevent the artificial          
          shifting of the net incomes of controlled taxpayers by placing              
          controlled taxpayers on par with uncontrolled, unrelated taxpayers.         
          Seagate Tech., Inc. & Consol. Subs. v. Commissioner, 102 T.C. 149,          
          163 (1994); Sundstrand Corp. v. Commissioner, 96 T.C. 226, 352-353          
          (1991); see also Bausch & Lomb, Inc. v. Commissioner, 92 T.C. 525,          
          581 (1989), affd. 933 F.2d 1084 (2d Cir. 1991); Edwards v.                  


          6    Sec. 482 provides as follows:                                          
                    In any case of two or more organizations, trades, or              
               businesses (whether or not incorporated, whether or not                
               organized in the United States, and whether or not                     
               affiliated) owned or controlled directly or indirectly by              
               the same interests, the Secretary may distribute, apportion,           
               or allocate gross income, deductions, credits, or allowances           
               between or among such organizations, trades, or businesses,            
               if he determines that such distribution, apportionment, or             
               allocation is necessary in order to prevent evasion of taxes           
               or clearly to reflect the income of any of such                        
               organizations, trades, or businesses.  In the case of any              
               transfer (or license) of intangible property (within the               
               meaning of section 936(h)(3)(B)), the income with respect to           
               such transfer or license shall be commensurate with the                
               income attributable to the intangible.                                 




Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011