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Crowell Talks Tax: IRA and Tax Controversy (VIDEO)

Client Alert | 12 min read | 03.06.24

Tax partner and co-chair Starling Marshall and tax partner Carina Federico discuss where they predict tax disputes may arise with the IRS related to the IRA clean energy provisions. 

Key Takeaways:

  • Importance of complying with regulation and guidance
  • Preparing for a potential audit and maintaining robust documentation
  • Due diligence before buying credits; and
  • Scrutinizing the new provisions as they come out.

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Insights

Client Alert | 4 min read | 03.25.25

Federal Circuit Affirms Deductibility of Hatch-Waxman Litigation Expenses

In a significant decision for generic drug manufacturers, the Federal Circuit recently affirmed that litigation expenses incurred in defending Hatch-Waxman patent lawsuits are deductible as ordinary and necessary business expenses under the Internal Revenue Code (IRC). The ruling in Actavis Laboratories FL, Inc. v. United States, No. 23-1320 (Fed. Cir. Mar. 21, 2025), resolves a key tax dispute, allowing tax deductions for these expenses in the year they are incurred rather than capitalizing them over time. This outcome provides clarity and potential tax benefits for qualifying businesses navigating the interplay of patent litigation and FDA drug approvals....