-23- Section 482 places a controlled taxpayer on a tax parity with an uncontrolled taxpayer by determining the true taxable income of the controlled taxpayer. Sec. 1.482-1(a)(1), Income Tax Regs. In determining true taxable income, “the standard to be applied in every case is that of a taxpayer dealing at arm's length with an uncontrolled taxpayer.” See United States Steel Corp. v. Commissioner, 617 F.2d 942, 947 (2d Cir. 1980) (stating the “‘arm's length’ standard is * * * meant to be an objective standard that does not depend on the absence or presence of any intent on the part of the taxpayer to distort his income.”), revg. T.C. Memo. 1977-140; sec. 1.482-1(b)(1), Income Tax Regs. Because identical transactions are rare, the arm’s-length result will “generally * * * be determined by reference to the results of comparable transactions under comparable circumstances.” Sec. 1.482-1(b)(1), Income Tax Regs. B. Application of Section 482 to Qualified Cost-Sharing Agreements Section 482 provides that “In the case of any transfer * * * of intangible property * * * the income with respect to such transfer * * * shall be commensurate with the income attributable to the intangible.” Participants in a qualified cost-sharing agreement (QCSA) relinquish exclusive ownership of all exploitation rights in new intangibles they individually develop and agree to share ownership of, and costs associated with, suchPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011