INTRODUCTION
In an article published in Insights in 2022,1 the
following comment was made regarding two seemingly never-ending
transfer pricing battles being conducted, one between Medtronic and
the I.R.S. and the other between the U.S. Tax Court and the 8th
Circuit Court of Appeals:
[The Tax Court] court adopted a
standard under which the ends justified the means, which differs
from the norm under which the means justify the ends. The [Tax
Court] knew where it wanted to end up, and simply looked for a
method that was consistent with its destination.
In early September, the Eighth Circuit issued its long-awaited
decision in Medtronic, Inc. v. Commr.,2 vacating the
U.S. Tax Court's second decision and remanding the case for
further proceedings.
