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Coca-Cola Gets Creative And Combative In Transfer Pricing Appeal [Forbes]

Last coca-cola company (the) earnings: 4/21 05:55 am
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AFP via Getty Images Coca-Cola has finally filed its long-awaited brief with the Eleventh Circuit in the company's appeal of Coca-Cola Co. v. Commissioner . Although the brief is loaded with colorful analogies and provocative accusations, it does little to strengthen the company's case. Coca-Cola's , filed February 25, is the most recent development in a lengthy and contentious transfer pricing battle between the company and the IRS. The saga began with an examination that led to a closing agreement in 1996, which established a formula for computing intercompany royalties for the 1987-1995 tax years and that Coca-Cola could use in following years without facing accuracy-related penalties on any adjustment. This “10-50-50” formula, which is either a simple apportionment formula or history's laziest residual profit-split analysis, gave the Coca-Cola subsidiaries that produce and sell beverage concentrate internationally a 10 percent return on sales and half of the residual profit
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