In Procter & Gamble Co. v. United States, No. 1:08-cv-00608-TSB (Jun. 25, 2010), the District Court for the Southern District of Ohio concluded that the taxpayer did not have to include gross receipts from sales to a controlled foreign corporation in computing its research tax credit. The implications of this conclusion require some further thought.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMARY JUDGMENT RE THE “GROSS RECEIPTS” RESEARCH CREDIT ISSUE (Doc. 43) AND DNYING DEFENDANT’S CROSS MOTION FOR PARTIAL SUMARY JUDGMENT (Doc. 66) TIMOTHY S. BLACK, District Judge. This civil action is before the Court on the parties’ cross motions for partial summary judgment concerning the “Gross Receipts” research credit […]