Economic Analysis for Tax and Transfer Pricing Disputes in Maryland

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published

KW Economics prepares the economic analysis in tax and transfer pricing disputes involving businesses in Maryland: the controlled transactions at issue, the functional analysis and comparables that test their prices, and a report written for the forum that decides the dispute, whether a federal tax forum, a state tax appeal, or a court in Maryland, for either side.

A tax or transfer pricing dispute asks whether the prices one company in a group charged another for goods, services, intangibles, or loans match what unrelated parties would have agreed to, and how much income moves if they do not, answered from the intercompany agreements, the companies' conduct, and comparable transactions. Read the full tax and transfer pricing dispute analysis guide.

Maryland forums and expert standards

Federal tax forums test expert testimony under the federal rules of evidence, which the Tax Court applies by statute: whether the expert is qualified, whether the testimony rests on sufficient facts or data and on reliable methods, and whether those methods were reliably applied to the facts of the case. The commercial, shareholder, and matrimonial claims heard in Maryland's courts are tested under its own standard, and a state tax appeal follows the rules of the forum that hears it. Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. A transfer pricing report meets each of these inquiries by stating every method choice and naming the data behind every comparable.

Where these cases are heard

Highest court: Supreme Court of Maryland. Federal venues: D. Md. Court system: courts.state.md.us.

Tax and legal framework

A federal transfer pricing dispute applies the same statute and regulations wherever the business is based, but where it is based decides which appellate decisions govern: an appeal from the Tax Court ordinarily goes to the federal court of appeals for the circuit where a corporation has its principal place of business (for a business based in Maryland, the Fourth Circuit), whose precedent the Tax Court follows, and a refund suit is filed in the federal district where the business is based or in the Court of Federal Claims. Whether Maryland reallocates income between related companies under its own tax, requires royalties or interest paid to an affiliate to be added back, or combines affiliates in one return, and whether a commercial, shareholder, or matrimonial claim in Maryland adopts an arm's length benchmark, are questions counsel confirms; the report presents the analysis so it can be applied under either party's position.

How the analysis is built

The same four steps apply to a tax or transfer pricing dispute involving Maryland; the forum that hears the dispute and the rule of decision it applies decide how the result is used.

  1. Delineate the controlled transactions from the intercompany agreements, invoices, and ledger, and test the written terms against what the companies actually did.
  2. Establish which company performed each function, owned each valuable asset, and bore and controlled each risk, from the operating records and interviews.
  3. Select the method that gives the most reliable measure of an arm's length result, search for comparables with stated screens, and compute the range from several years of data.
  4. Compare the controlled result with the range, quantify any adjustment or restated profit by year, and show how the result moves under the opposing method, tested party, and comparables.

Attorney guides for tax and transfer pricing dispute cases

Services for tax and transfer pricing dispute cases in Maryland

Other case types in Maryland

Frequently asked: tax and transfer pricing dispute cases in Maryland

Which forums hear a tax or transfer pricing dispute involving Maryland?

Federal income tax disputes over related-party prices are heard in the United States Tax Court or, on a refund claim, in a federal district court or the Court of Federal Claims; appeals from the Tax Court and the district courts ordinarily go to the federal court of appeals for the circuit where the business is based, and appeals from the Court of Federal Claims to the Federal Circuit. A dispute over Maryland's own tax follows its administrative and appeal process. Commercial and shareholder claims in Maryland that turn on an intercompany price are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, equity, domestic relations), with final appeals to the Supreme Court of Maryland, and a divorce in which one bears on income or the value of a business is heard in the court that hears divorce in Maryland. Matters within federal jurisdiction proceed in the United States District Court for the District of Maryland.

Which rules govern a tax or transfer pricing dispute involving Maryland?

A federal transfer pricing dispute applies the same statute and regulations wherever the business is based, but where it is based decides which appellate decisions govern: an appeal from the Tax Court ordinarily goes to the federal court of appeals for the circuit where a corporation has its principal place of business (for a business based in Maryland, the Fourth Circuit), whose precedent the Tax Court follows, and a refund suit is filed in the federal district where the business is based or in the Court of Federal Claims. Whether Maryland reallocates income between related companies under its own tax, requires royalties or interest paid to an affiliate to be added back, or combines affiliates in one return, and whether a commercial, shareholder, or matrimonial claim in Maryland adopts an arm's length benchmark, are questions counsel confirms; the report presents the analysis so it can be applied under either party's position. Federal tax forums test expert testimony under the federal rules of evidence, which the Tax Court applies by statute: whether the expert is qualified, whether the testimony rests on sufficient facts or data and on reliable methods, and whether those methods were reliably applied to the facts of the case. The commercial, shareholder, and matrimonial claims heard in Maryland's courts are tested under its own standard, and a state tax appeal follows the rules of the forum that hears it. Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. A transfer pricing report meets each of these inquiries by stating every method choice and naming the data behind every comparable.

More questions about tax and transfer pricing dispute analysis

References

Request a consultation on tax and transfer pricing dispute cases in Maryland or call (201) 343-0700. Plaintiff and defense counsel.