-24- intangibles. For purposes of section 482, this relinquishment constitutes a transfer of specified future exploitation rights. See sec. 1.482-7(a)(3), (g), Income Tax Regs. Section 1.482-7(a)(1), Income Tax Regs., requires participants “to share the costs of development of one or more intangibles in proportion to their * * * [respective] shares of reasonably anticipated benefits.” Anticipated benefits are defined as “additional income generated or costs saved by the use of covered intangibles”. Sec. 1.482-7(e)(1), Income Tax Regs. If parties fail to share such costs in proportion with their benefits, respondent is authorized to make allocations “to the extent necessary to make each controlled participant’s share of the costs * * * equal to its share of reasonably anticipated benefits”. Sec. 1.482-7(a)(2), Income Tax Regs. II. Are the Spread and Grant Date Value Costs for Purposes of Section 1.482-7, Income Tax Regs.? Intangible development costs are defined as “all of the costs incurred * * * related to the intangible development area * * * [which] consist of the following items: operating expenses as defined in * * * [section] 1.482-5(d)(3), other than depreciation or amortization expense”. Sec. 1.482-7(d)(1), Income Tax Regs. Operating expenses are defined as “all expenses not included in cost of goods sold except for interest expense, foreign income taxes * * *, domestic income taxes, and any otherPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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