- 9 - and have no persuasive value to petitioner’s case.1 Accordingly, we find that the royalty payments incurred by petitioner in 1995 are indirect costs to the production of the end products, and, as such, the royalty payments are subject to the capitalization rules of section 263A. We have considered all of the other arguments made by petitioner, and, to the extent we have not addressed them, conclude they are without merit. To reflect the foregoing, Decision will be entered for respondent. 1 We note that Wood v. United States, 377 F.2d 300 (5th Cir. 1967), and J. Strickland & Co. v. United States, 352 F.2d 1016 (6th Cir. 1965), were decided approximately 20 years before Congress enacted sec. 263A in the Tax Reform Act of 1986, Pub. L. 99-514, sec. 803, 100 Stat. 2350. Petitioner also cited the following cases which concerned the research and experimental expenditures deduction under sec. 174 and years in issue from 1976 through 1984: Harris v. Commissioner, T.C. Memo. 1990-80 (tax years 1979-1982), affd. 16 F.3d 75 (5th Cir. 1994); Estate of Cook v. Commissioner, T.C. Memo. 1993-581 (tax years 1976- 1982); Research Two Ltd. Pship. v. Commissioner, T.C. Memo. 2000- 259 (tax years 1982-84).Page: Previous 1 2 3 4 5 6 7 8 9
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