Procter & Gamble v. United States (2010)

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Main Issue:

  • Intercompany Transactions / Gross Receipts

Facts:

  • Taxpayer excluded intercompany gross receipts including transactions with foreign members
  • IRS argued that only QREs, not gross receipts, were to be disregarded

Conclusion:

  • Court sided with taxpayer, both types of intercompany transactions should be disregarded

Take-Away Point:

  • When computing credits, need to evaluate and understand any intercompany relationships and transactions

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