- 16 - Although the TAM module, FIM, First Rate, Diamond, etc. do not meet the requirements of section 41(d)(1), the research credit may, nevertheless, be applicable to the most significant set of elements of these products in relation to which all the requirements are met. See H. Conf. Rept. 99-841 (Vol. II), at II-72 to II-73 (1986), 1986-3 C.B. (Vol. 4) 1, 72-73. Petitioners acknowledge that they do not have the substantiation necessary to tie salaries to activities at the subcomponent level, * * * . However, the Cohen [sic] rule would apply in this circumstance, and the Court would be required to make a reasonable allocation of salaries to functionality. The rule of Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930), does not require the Court, in this case, to make such an allocation, and we decline to do so. Accordingly, respondent’s determinations are sustained. Contentions we have not addressed are moot, irrelevant, or meritless. To reflect the foregoing, Decisions will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011