Plastic Engineering & Technical Services, Inc. - Page 6




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          Regs.                                                                       
               Certain “indirect costs” must also be capitalized to the               
          extent they are properly allocable to property produced.                    
          “Indirect costs” are defined as all costs allocable to property             
          produced or acquired for resale by the taxpayer other than direct           
          material costs and direct labor costs (in the case of property              
          produced).  Sec. 1.263A-1(e)(3), Income Tax Regs.  Indirect costs           
          are properly allocable to property produced when the costs                  
          directly benefit or are incurred by reason of the performance of            
          production activities.  Id.  Royalty payments are specifically              
          identified as an indirect cost that must be capitalized.  Section           
          1.263A-1(e)(3)(ii)(U), Income Tax Regs., states as follows:                 
               Licensing and franchise costs.  Licensing and franchise                
               costs include fees incurred in securing the contractual                
               right to use a trademark, corporate plan, manufacturing                
               procedure, special recipe, or other similar right                      
               associated with property produced or property acquired                 
               for resale.  These costs include the otherwise                         
               deductible portion (e.g., amortization) of the initial                 
               fees incurred to obtain the license or franchise and                   
               any minimum annual payments and royalties that are                     
               incurred by a licensee or a franchisee.                                
          Section 1.263A-1(e)(3)(ii), Income Tax Regs., provides a                    
          nonexclusive list of examples of certain indirect costs that must           
          be capitalized.                                                             
               Respondent contends that the royalty payments incurred by              
          petitioner are subject to the capitalization rules of section               
          263A, and further that the payments must be deducted over time              
          through petitioner’s cost of goods sold.                                    





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