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Intellectual Property Taxation: Transaction and Litigation Issues, with 2013 Cumulative Supplement


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Intellectual Property Taxation: Transaction and Litigation Issues, with accompanying CD-ROM, considers, on a comparative basis, the tax implications of major business transactions involving both traditional and emerging forms of intellectual property. The authors’ analyses strike a perfect balance between technical tax considerations and the complexities of intellectual property transactions.

Supplement Information

The 2013 Cumulative Supplement summarizes recent tax changes enacted by the American Taxpayer Relief Act of 2012, including new rules governing the research and development credit and extended benefits for software and other forms of intellectual property. It includes analysis of new Treasury regulations governing the deductibility of film and television production costs; a review of recent cases on the deductibility of expenses incurred by writers and photographers; the amortization of intellectual property costs, and the treatment of supplies for purposes of the research credit. Additionally, the Supplement examines numerous IRS administrative pronouncements, including Field Attorney Advice on the tax treatment of costs to acquire patents and on the treatment of research costs, as well as a summary of current high-profile transfer pricing disputes currently in Tax Court over Section 482 adjustments.

The new 2013 Cumulative Supplement also provides intellectual property taxation case law analyses across numerous jurisdictions, including:

  • The Supreme Court’s holding in Gunn v. Minton that federal courts have no subject matter jurisdiction over a patent malpractice case where the petitioner alleged that the attorney’s failure to raise an experimental use defense and an on-sale bar defense caused him to lose both his patent and the infringement suit at the district court and Federal Circuit levels
  • The Supreme Court’s holding in Golan v. Holder that Congress did not violate the Copyright Clause of the Constitution by enacting a section of the Uruguay Round Agreements Act granting copyright protection to preexisting works of authorship created in Berne member countries that were protected in their country of origin, but not in the United States
  • The New York Department of Tax and Finance’s ruling that the sale of patent drawings delivered electronically is not subject to New York’s sales tax
  • California and Illinois District Courts’ decisions that a patent holding company cannot recover lost profits in a patent infringement action because the company neither engages in selling products nor competes in the marketplace
  • The Oklahoma Supreme Court’s holding that Scioto, a Vermont company which holds all of Wendy’s restaurant intellectual property, is not a shell entity and the licensing agreement between Scioto and Wendy’s International is not a sham obligation to support a deduction under Oklahoma law; consequently, Wendy’s can deduct its royalties paid to Scioto, and Oklahoma cannot subject Scioto to state corporate income tax

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2003/808 pp. Hardcover/Order #9308P

Supplement Information

2013/712 pp. Softcover/ISBN 978-1-61746-308-2/Order #2308

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About the Authors
Jeffrey A. Maine, B.B.A., M.B.A., J.D., LL.M., CPA, is a Professor of Law at the University of Maine School of Law, Portland, ME.

Xuan-Thao N. Nguyen, B.A., J.D., is a Professor of Law at the SMU Dedman School of Law, Dallas, TX.

Supplement Information
By Jeffrey A. Maine and Xuan-Thao N. Nguyen