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July 1, 2021

Thursday, July 22 | Research credit: recent federal cases highlight an uncertain landscape (1 pm ET)

During 2020 and 2021, a significant number of R&D credit cases have been decided in federal courts, with issues ranging from foundational IRC Section 41 qualification tests to procedural matters. Some decisions appear to conflict with decisions from the same court or to advance new interpretations, leaving taxpayers with an uncertain landscape.

The panelists for this webcast will discuss the impact of these decisions, the unintended consequences of some of them, and the relevant facts of the cases and the courts' reasoning. The panelists will also address how taxpayers can respond to these decisions when substantiating current, amended, and future Section 41 claims. The webcast panel includes EY's National Tax Department research credit leaders, as well as a member of our Tax Policy and Controversy practice.

The following topics will be discussed:

  • Research credit requirements under Section 41
  • Judicial decisions relating to research credit claims
  • Substantiating research credit claims

Date: Thursday, 22 July 2021

Time: 1:00-2:15 p.m. EDT New York; 10:00-11:15 a.m. PDT Los Angeles

Registration: View archive here.


Richard Fultz, Executive Director, National Tax Department, Ernst & Young LLP

Trevor Wetherington, Executive Director, National Tax Department, Ernst & Young LLP

Rayth Myers, Senior Manager, National Tax Department, Ernst & Young LLP

Nicole Gresalfi, Manager, National Tax Department, Ernst & Young LLP


Alexa Claybon, Principal, National Tax Department, Ernst & Young LLP

CPE credit offered: 1.4. Recommended field of study: Taxes. Learning objective: Understand the federal courts' recent decisions relating to the research credit and how businesses should consider them when substantiating their own research credit claims. This intermediate level, group internet-based course has no prerequisites or advanced preparation. Final CPE award to be based on content, polling and length of participation. See CPE FAQ for more information.

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