New Research Credit Case: Trinity Industries

Research Tax CreditThe latest in a series of recent research credit (R&D tax credit) cases, the Northern District of Texas issued an opinion on January 29, 2010 relating to the research credit for developing certain types of ships by Trinity Marine Group (TMG), a subsidiary of Trinity Industries. This is another R&D tax credit case where the Court did have the benefit of final research credit regulations (the 2004 regulations) as this case was tried in 2009. It is interesting to note that neither the Section 174 requirement nor the discovering technological information test was disputed between the parties (i.e., the IRS was not challenging the projects based on the former

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