Bush v. United States, Docket No. 09-5008 (Fed. Cir. March 31, 2010)
WellPoint v. Commissioner
Jade Trading, LLC v. United States
Sales Percentage Trademark Royalty Payments are Deductible
The Second Circuit Court of Appeals, in an opinion by Judge Calebresi, reverses the Tax Court’s decision, holding instead that trademark royalty payments which are calculated as a percentage of sales and incurred on upon the sale of inventory are currently deductible.
Read the opinion here:
Robinson Knife Mfg. v. Commissioner, Docket 09-1496-ag (2d Cir. March 19, 2010)
9th Circuit: Tax Court’s Cost-Sharing Analysis Affirmed
The 9th Circuit Court of Appeals affirmed the Tax Court’s cost-sharing analysis in Xilinx.
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Xilinx v. Commissioner, Docket 06-74269 (9th Cir. March 22, 2010)
See the Service’s AOD (Action on Decision) following this opinion click here.
Tax Court Upholds Façade Easement Donation
The U.S. Tax Court upholds deduction for the charitable contribution of façade easements to preserve historical architectural elements of petitioner’s property.
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Simmons v. Commissioner, T.C. Memo. 2009-208
California Court of Appeals: Vouchers are Prima Facie Evidence for Tax Credits
The California Court of Appeals has held that state-issued vouchers certifying certain employees as “qualified” under a hiring incentive tax credit is “prima facie” evidence that the employee was qualified and the Franchise Tax Board must prove otherwise before disallowing an employer’s claim for the credit.
Read the opinion here:
Dicon Fiberoptics v. Franchise Tax Board