- 5 - such a transfer is made to a related person as defined in section 267(b). See sec. 1235(d). For purposes of section 1235, a corporation and an individual owning more than 25 percent of such corporation are related persons. Sec. 267(b)(2). The patent rights to the expansible fastener were transferred to the partnership by Mr. McSherry on July 10, 1969, the same date that he filed an application with the U.S. Patent Office. On that date, Mr. Garfield was an equity partner in the partnership but did not hold any patent rights associated with the expansible fastener. Mr. Garfield transferred all of his patent rights to MPC after October 10, 1970. On that date, and thereafter, Mr. Garfield had a 36-percent interest in MPC. Because Mr. Garfield owned more than 25 percent of the stock of MPC, he and MPC were related persons. Secs. 267(b)(2), 1235(d)(1). Thus, pursuant to section 1235, royalty payments from MPC to Mr. Garfield do not qualify for long-term capital gain treatment. Petitioners contend that Mr. Garfield and Mr. McSherry signed a forbearance agreement in 1969 that transferred to the partnership all substantial rights to any patents; that this transfer qualifies for long-term capital gain treatment pursuant to section 1235(a); and that upon formation of MPC in 1970, the terms of the purported forbearance agreement carried over to the shareholders of MPC, thereby qualifying the reportedPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011