- 33 -                                         
          methodology employed.  Bausch & Lomb, Inc. v. Commissioner, supra at        
          582; see also Eli Lilly & Co. v. United States, 178 Ct. Cl. 666, 372        
          F.2d 990, 997 (1967).                                                       
               In addition to proving that the deficiencies set forth in the          
          notice of deficiency are arbitrary, capricious, or unreasonable, the        
          taxpayer has the burden of proving satisfaction of the arm's-length         
          standard.  See Sundstrand Corp. v. Commissioner, supra at 354.              
                    b.  The Regulations in General                                    
               Section 1.482-2(d), Income Tax Regs., provides a framework for         
          determining an arm's-length consideration for the transfer, sale,           
          assignment or loan of intangible property or an interest therein            
          between members of a group of controlled entities.  Section                 
          1.482-2(d)(3)(ii)(a), Income Tax Regs., specifically identifies             
          "patents" as intangible property.  Accordingly, we shall apply              
          section 1.482-2(d), Income Tax Regs., in making our inquiry as to an        
          arm's-length consideration for the rights Powertex received under           
          the Tri-Podd license agreement.                                             
               An arm's-length consideration is defined specifically as "the          
          amount that would have been paid by an unrelated party for the same         
          intangible property under the same circumstances."  Sec.                    
          1.482-2(d)(2)(ii), Income Tax Regs.  The best indication of such            
          arm's-length consideration generally is transfers by the same               
          transferor to unrelated parties for the same or similar intangible          
          property under the same or similar circumstances.  Id.  If a                
          sufficiently similar transaction involving an unrelated party is            
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