Xilinx Inc. and Subsidiaries - Page 1

                                   125 T.C. No. 4                                     


                               UNITED STATES TAX COURT                                


                    XILINX INC. AND SUBSIDIARIES, Petitioners v.                      
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      
              XILINX INC. AND CONSOLIDATED SUBSIDIARIES, Petitioners v.               
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket Nos. 4142-01, 702-03.  Filed August 30, 2005.                   


                    P entered into a cost-sharing agreement to develop                
               intangibles with S, its foreign subsidiary.  Each party                
               was required to pay a percentage of the total research                 
               and development costs based on its respective                          
               anticipated benefits from the intangibles.  P issued                   
               stock options to its employees performing research and                 
               development.  In determining the allocation of costs                   
               pursuant to the agreement, P did not include in                        
               research and development costs any amount related to                   
               the issuance of stock options to, or exercise of stock                 
               options by, its employees.  R, in his notices of                       
               deficiency, determined that for cost-sharing purposes,                 
               pursuant to sec. 1.482-7(d), Income Tax Regs., the                     
               spread (i.e., the stock’s market price on the exercise                 
               date over the exercise price) or, in the alternative,                  
               the grant date value, relating to compensatory stock                   
               options, should have been included as a research and                   
               development cost.                                                      




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