Tax Incentives Blog

Even in crisis, there is wrongdoing. This is an unfortunate truth in the world, and the COVID-19 pandemic is no exception. Since the beginning of the health crisis in 2020, the world has faced numerous negative impacts related to health, education, and the economy. Here in the United States, to minimize the impact to the economy, the Federal government passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Specifically, this new law sought to provide emergency financial assistance to help millions of impacted small businesses and American families get back on their feet, as well as stimulate the economy. Although created with good intentions, these relief packages and economic aid tools brought about individuals and businesses who took advantage, initiating pandemic fraud activity.

A new court opinion issued by the U.S. Tax Court emphasizes the importance of contract review for the analysis and substantiation of an R&D tax credit claim. The opinion alludes to additional requirements to demonstrate a taxpayer's economic risk when conducting research. Moreover, the court points to precedence to emphasize that terms and conditions within any contract agreement are most important, and no implications or assumptions should be needed or considered to substantiate a credit claim.