Sherwin-Williams V. Commissioner: A Flawed Decision

Posted: 2 May 2003

Abstract

The author criticizes the Massachusetts Supreme Judicial Court's decision in Sherwin-Williams v. Commissioner, which upheld a taxpayer's deduction for royalty payments made to a wholly owned subsidiary. A trademark, absent the sale of goods, has no function, and therefore no existence as a trademark, the author says.

Suggested Citation

Peters, James H., Sherwin-Williams V. Commissioner: A Flawed Decision. Available at SSRN: https://ssrn.com/abstract=402980

James H. Peters (Contact Author)

Tax Analysts

State Tax Notes Advisory Board
6830 N. Fairfax Drive
Arlington, VA 22213
United States

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