Description of Tax Provisions Expiring in 1991 And 1992 Jcs-2-91

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For expenses ieemed to have been incurred in the first four months of the year 'other than amounts incurred to meet certain legal requirements, and thus allocable to one geographical source), 64 percent of U.S.- incurred R&D expenses were allocated to U.S. source income, 64 percent of foreign-incurred R&D expenses were allocated to foreign source income, and the remainder of R&D expenses were allocated and apportioned either on the basis of sales or gross income, but subject to the condition th...at if income-based apportionment was used, the amount apportioned to foreign source income could be no less than 30 percent of the amount that would have been appor- tioned to foreign source income had the sales method been used.
For expenses deemed to have been incurred during the remaining Bight (or fewer) months of the year governed by TAMRA, the R&D allocation regulation applied.
The Omnibus Budget Reconciliation Act of 1989 (OBRA89) and the Omnibus Budget Reconciliation Act of 1990 (OBRA90) apply a statutory allocation rule to the taxpayer's first two taxable years beginning after August 1, 1989, and on or before August 1, 1991.


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