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“Favorable Ruling in FedEx Case Provides Opportunity for Financial Institutions Developing Internal-Use Software to Claim the Research Tax Credit”

About this Article:

In 2009, The U.S. District Court for the Western District of Tennessee held that the Internal Revenue Service could not require FedEx to apply the so-called “discovery” test in order to claim the research credit for its development of internal-use software.

In a historical look-back at this landmark case, Tax Credits Group President Michael Krajcer provides readers with the following:

  • A regulatory overview of IUS qualification hurdles
  • Detail on the additional 3-Part Test requirements for IUS development
  • An explanation on how elimination of the “Discovery test” played a vital role on the court’s final ruling
  • Practical implications and interpretations stemming from the ruling

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