James E. Blasius and Mary Jo Blasius, et al. - Page 13

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          proposed INDOPCO12 regulations), which contain the 12-month rule            
          described above, and make it generally applicable to “amounts               
          paid to create or enhance an intangible asset”.  Sec. 1.263(a)-             
          4(f)(1), Proposed Income Tax Regs., 67 Fed. Reg. 77719 (Dec. 19,            
          2002).  The proposed regulations also permit a deduction in the             
          year incurred for all “compensation paid to employees (including            
          bonuses and commissions paid to employees)”.  Sec. 1.263(a)-                
          4(e)(3)(i), Proposed Income Tax Regs., 67 Fed. Reg. 77717 (Dec.             
          19, 2002).                                                                  
               The final regulations under section 263(a) (the final or               
          final INDOPCO regulations), published in the Federal Register on            
          January 5, 2004, include both rules.  Sec. 1.263(a)-4(e)(4)(i)              
          and (ii), Income Tax Regs. (“employee compensation * * *                    
          including salary, bonuses and commissions” treated as                       
          deductible), and sec. 1.263(a)-4(f)(l), Income Tax Regs. (12-               
          month rule, applicable to “amounts paid to create (or to                    
          facilitate the creation of)” an intangible).  Pursuant to section           
          1.263(a)-4(o), Income Tax Regs., the final regulations apply to             
          “amounts paid or incurred on or after December 31, 2003", which             
          is in accord with the statement in the proposed regulations that,           
          as proposed, section 1.263(a)-4 would apply to “amounts paid or             


               12  So named for the U.S. Supreme Court decision that was              
          the genesis of the regulations project that ultimately resulted             
          in the final regulations.  See INDOPCO, Inc. v. Commissioner, 503           
          U.S. 79 (1992).                                                             





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