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IRS bags a Deere

October 23, 2009

Ag implement giant and big local employer Deere & Company had a bad day in Tax Court yesterday, likely costing it millions in research credits.

The research credit rules reward taxpayers who increase their R&D expenses as a percentage of their sales. Deere argued that it could leave revenue from overseas divisions out of the gross receipts calculations. The IRS thought otherwise, and the Tax Court sided with the IRS.

The decision covered fiscal years ending in 1997 through 2001, showing just how long it can take a big corporate tax case to move through the system -- not even counting a possible appeal to the Seventh Circuit.

Cite: Deere & Company, 113 T.C. No. 11.

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