Robinson Knife Manufacturing Co., Inc., et al. v. Comr., 600 F.3d 121 (2nd Cir. 2010)

(court reverses the Tax Court and allows taxpayer, manufacturer of kitchen items, to currently deduct royalties paid it to put "Pyrex" and "Oneida" trademarks on taxpayer's kitchen tools; sales-based royalty payments are currently deductible because they are not allocable to property that the taxpayer produces which would require capitalization under I.R.C. Sec. 263A; appellate court focused solely on fact that royalty payments calculated on items that were sold rather than items that were produced and were, therefore, more properly characterized as marketing expenses rather than production expenses).

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