Document Type
Article
Publication Date
10-2025
Abstract
On September 3 the Eighth Circuit issued its decision in Medtronic II, rejecting both the unspecified method that the Tax Court applied in its 2022 decision and the comparable uncontrolled transaction method preferred by the taxpayer, and remanding the case to the Tax Court for the second time. The decision means that a final determination of Medtronic’s tax liability for the 2005 and 2006 tax years will be delayed once again, and a Medtronic III decision might be appealed again, which could take several more years. The original Medtronic decision was rendered by the Tax Court in 2016 and reversed on appeal in 2018. Overall, it is likely that this case will take over 20 years to resolve. Clearly, the taxpayer has the resources to pursue such protracted transfer pricing litigation. But does the IRS?
Recommended Citation
Avi-Yonah, Reuven S. "Medtronic and the Interminable Problem of Transfer Pricing Litigation." Tax Notes International 120, no. 3 (2025): 465-470.
Comments
Reprinted with the permission of Tax Analysts.