- 7 - Petitioner contends that it was not required to capitalize royalty payments to Mr. Tooman pursuant to section 263A because the payments were “contingent royalties” rather than “minimum royalties”. Petitioner defines contingent royalties as royalty payments derived from a percentage of petitioner’s net sales of products manufactured through the patent process. Petitioner’s argument is based on the construction, and effectively the interpretation, of the last sentence of section 1.263A- 1(e)(3)(ii)(U), Income Tax Regs., shown above. Petitioner construes the last sentence of section 1.263A-1(e)(3)(ii)(U), Income Tax Regs., so that the word “minimum” modifies the nouns “payments” and “royalties”. We disagree. Petitioner was in the business of manufacturing products in the fields of industrial chemicals, plastics, materials, and synthetics. Petitioner acquired the exclusive right to produce certain end products as licensee, and through the use, of the manufacturing process protected under Mr. Tooman’s patent. The patent was “a manifold assembly system of the type used for conveying plastic injecting molding material from a central injection point or sprue to a number of mold cavities or to multiple points”, thus enabling petitioner to create the end products. The regulations of section 263A clearly state that “licensing and franchise costs * * * incurred in securing the * * * manufacturing procedure, special recipe, or other similar rightPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011