[Code of Federal Regulations]
[Title 26, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.280C-3]

[Page 626]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
COMPUTATION OF TAXABLE INCOME (Continued)--Table of Contents
 
Sec. 1.280C-3  Disallowance of certain deductions for qualified clinical testing expenses when section 28 credit is allowable.

    (a) In general. If a taxpayer is entitled to a credit under section 
28 for qualified clinical testing expenses (as defined in section 
28(b)), it must reduce the amount of any deduction for qualified 
clinical testing expenses paid or incurred in the year the credit is 
earned by the amount allowable as credit for such expenses (determined 
without regard to section 28(d)(2)).
    (b) Capitalization of qualified clinical testing expenses. In a case 
in which qualified clinical testing expenses are capitalized, the amount 
chargeable to the capital account for a taxable year must be reduced by 
the excess of the amount of the credit allowable for the taxable year 
under section 28 (determined without regard to section 28(d)(2)) over 
the amount allowable as a deduction for qualified clinical testing 
expenses (determined without regard to paragraph (a) of this section) 
for the taxable year. See section 174 and the regulations thereunder.
    (c) Controlled group of corporations; organizations under common 
control. In the case of a taxpayer described in paragraph (d)(5) of 
Sec. 1.28-1 of this chapter (relating to controlled groups of 
corporations and organizations under common control), paragraphs (a) and 
(b) of this section shall be applied in accordance with the rules 
prescribed for aggregation of expenditures under that paragraph.
    (d) Example. The following example illustrates the application of 
paragraphs (a) and (b) of this section:

    Example. A incurs $1,000 in clinical testing expenses for which a 
$500 credit is allowable under section 28. A also elects under section 
174 of the Code to amortize these expenses over a 5-year period 
beginning in the year the credit is claimed. Under paragraph (a), the 
current year amortization deduction of $200 ($1,000/5) is disallowed. 
Moreover, the amount which would otherwise be capitalized, $800, is 
reduced by the excess of the amount of the section 28 credit claimed for 
the taxable year over the amount of the allowable section 174 
amortization deduction for the taxable year, or $300 ($500-$200). Thus, 
the amount chargeable to the capital account for the taxable year is 
$500 ($800-$300). A is entitled to amortize $500 over the remaining 
amortization period resulting in a deduction of $125 for each of the 
remaining four years.

[T.D. 8232, 53 FR 38715, Oct. 3, 1988]