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Hatch-Waxman Litigation Costs Both Capital Expenditures And Ordinary Business Expenses | Tarter Krinsky & Drogin LLP

Mylan Inc. & Subsidiaries v. Commissioner of Internal Revenue (U.S. Tax Court April 27, 2021) Under the Internal Revenue Code (“Code”) Section 162, ordinary and necessary business expenses are deductible, but Code Section 263 disallows a deduction for capital expenditures (“no deduction shall be allowed” for a capital expenditure). Capital expenditures must be capitalized and are generally recovered as depreciation or amortization deductions over a period of years. “Ordinary” expens...
Revenue Service Revenue Us Tax Court Tax Court Mylan Inc Internal Revenue Court April

IRS Clarification on Defined Benefit Pension Plan Contributions

Monday, December 28, 2020 On November 16, 2020, the Internal Revenue Service (IRS) issued Notice 2020-82 (the Notice), to further extend the deadline for required minimum contributions for single-employer defined benefit pension plans that would otherwise be due during the 2020 calendar year, from January 1, 2021, to January 4, 2021. On the same day, the PBGC issued complementary guidance, in Technical Update 20-2 (the PBGC Update), to reflect the January 4, 2021, deadline establi...
Revenue Service Pension Benefit Guaranty Corporation Internal Revenue Service Technical Update Coronavirus Aid Economic Security Act

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