Deere & Co. v. Commissioner (2009)

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Main Issue:

  • Foreign Gross Receipts


  • Taxpayer excluded gross receipts from foreign branches
  • IRS argued that foreign gross receipts were to be included


  • Court rejected the taxpayer’s position and stated foreign gross receipts should be included

Take-Away Point:

  • When computing credits, need to evaluate and understand any foreign activity and how it may impact the R&D credit
  • Companies with significant foreign gross receipts may benefit from the ASC calculation option

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