Market Minute: Johnson & Johnson Wins Court Battle; JCP Opens Boutiques

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J.C. Penney (JCP) today opens its first store-within-the-store boutiques. They'll offer home goods from designers such as Michael Graves, Jonathan Adler and Sir Terence Conran. The boutiques featuring Martha Stewart are is still in limbo pending a court challenge from Macy's (M). Penney is banking on this new strategy to help it turn around after posting a big sales decline last year.

The logo of Johnson & Johnson is arranged for a photograph in Tiskilwa, Illinois, U.S., on Monday, April 11, 2011. Photographer: Daniel Acker/Bloomberg
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A federal appeals court has ruled that Johnson & Johnson (JNJ) did not infringe on the patent for a heart stent. The court threw out a $593 million dollar judgment against the company. The ruling could help Abbott Labs (ABT), which faces a lawsuit for violating the same patent.

Hewlett-Packard (HPQ) Chairman Raymond Lane and two directors are resigning their posts. This comes in the wake of HP's disastrous acquisition of Autonomy in 2011. That led to an $8.8 billion writedown last year. The company has had three CEOs and two chairmen in the past seven years, and the search for a new chairman is starting now.

Boeing (BA) may make a key test flight of its grounded 787 Dreamliner as soon as today. If all goes well, the company hopes to win FAA certification to move ahead with plans to upgrade the batteries throughout the fleet, and resume commercial flights within the next month or so.

Chevron (CVX) says it won't be able to restart a major crude oil facility in California until at least June. The company has completed repairs to the plant after an explosion there last August, but it says regulatory approvals will delay the re-opening.

And F5 Networks (FFIV) is set to tumble after warning that earnings and revenue will fall short of expectations in the current quarter. The company sells information technology and services.

Produced by Drew Trachtenberg

Market Minute: Johnson & Johnson Wins Court Battle; JCP Opens Boutiques
Several major U.S. corporations dodge domestic taxes by moving profits internationally to tax havens.
For example, a company can utilize the "double Irish" formula to minimize their U.S. taxes.

If the profits from the sale of a good stayed in the U.S., they would be taxed at the federal 35 percent rate. However, some companies sell the intellectual property rights to an Irish subsidiary to minimize tax obligations.

The profits from that U.S. sale are paid overseas to the Irish subsidiary. As long as the Irish subsidiary is controlled by managers elsewhere - for instance, a Caribbean tax haven - the profits can move around the world without a dime of taxation.

At this point, the profits are moved to a nation with no tax, skirting around the U.S. 35 percent rate.

Source: NYT
 

By Business Insider

This is the "Double" part of the Double Irish, and also entails a trip through the Netherlands.

When the same company's product is sold overseas, that profit is routed to a second Irish subsidiary, Since Ireland has treaties with the Netherlands to make inter-European transfers tax free, the profits are then routed through the Netherlands, and then back to the first Irish subsidiary, and then to the no-tax Caribbean Island.

As a result, the U.S. company never has to repatriate the money and they never has to pay taxes on the products.

Source: NYT
 

By Business Insider

Carried interest - profits made by private equity investment managers, hedge funds, venture capitalists, and real estate investment trusts - constitutes a major source of income for many financial professionals.

However, carried interest isn't taxed as income. Instead, it's taxed at the capital gains rate, which, at 15 percent, is considerably less than the top bracket tax rate of 39.6 percent that many of the financial professionals would pay.
 

By Business Insider

Facebook reported $1.1 billion in pre-tax profits in 2012, but paid zero federal and state taxes while receiving a federal tax refund of around $429 million.

The reason is that the company took a multi-billion dollar tax deduction for the cost of executive stock options and share awards following their IPO.

In essence, Facebook was able to write off its entire federal tax obligation and more for paying its executives. This has raised the ire of a number of people in Washington, including Michigan Democratic Senator Carl Levin.

Source: CBS, Bloomberg Businessweek

 

By Business Insider

A line in the tax code allows a depreciation schedule of five years for private jets instead of seven, the standard for the rest of the airline industry.

Depreciation is an income tax deduction that allows taxpayers to recover the cost of buying the jet. This means that private jet owners can write off their expenses faster (in five years) and make back the money for the jet in less time.
This costs the U.S. government $300 million annually.

Source: CBS
 

By Business Insider

Originally designed for small farmers trading assets like livestock or property, the Section 1031 tax break allowed two farmers to avoid capital gains taxes on those transactions.

Since then, major corporations have successfully lobbied for an expansion. Because of this, many companies can go about their business of buying and selling assets, but can escape the capital gains tax, as long as they use all the proceeds from a sale to buy a "like-kind" asset.

For example, a real estate investment group can avoid taxation on a major land sale by invoking Section 1031, and using all proceeds from the sale on another land buy.

Wells Fargo, Cendant, and General Electric were recently sued for abusing the practice, but the law remains on the books.

Source: NYT
 

By Business Insider

In 2011 you could write-off the full cost of an SUV, provided it was used exclusively for business and weighed more than 6,000 pounds. 

Since then the relevant section of the tax code — Section 179 — has been scaled back significantly, but the process still allows people to deduct the full purchase price of qualifying equipment or software if it's used for business. 

Today, acceptable write-offs include taxis and vehicles that can seat more than nine passengers, have no seating behind the drivers seat, have a fully enclosed driver's compartment, or have a cargo area at least six feet in length (like a pickup truck). 

Source: Section179.org, Forbes

 

By Business Insider

The tax code permits yacht owners to claim a boat as a second home, provided it has sleeping quarters, a kitchen, a bathroom, and that the owner sleeps on the vessel at least twice a year.

This means that - just as homeowners do - yacht owners may deduct the interest on their yacht's mortgage from their taxes.
 

By Business Insider

When an executive flies on a private plane for business reasons, the company pays the bill and deducts the expense. However, if the flight is provided to the executive for personal reasons, the executives are required to pay income taxes on the amount the company paid for the flight, as the IRS considers travel as a form of compensation.

But if an outside security consultant says that the executives need a private jet for security reasons, the executive doesn't need to pay the tax.

According to Dealbook, it's "a common corporate tax trick," that allows many virtually anonymous executives - Melvin J. Gordon of Tootsie Roll Industries, Terry Lundgren of Macy's, the heads of Cablevision, Time Warner, Kraft, Waste Management, and Home Depot, for instance - to enjoy the kind of "security" that Apple didn't bother providing Steve Jobs.

Board members are also frequently rewarded with flights for "security" purposes.
 

By Business Insider

As part of the TARP bailout, NASCAR owners got a huge tax gift written into the tax code. It's still around today, as it was extended for another year as part of the "Fiscal Cliff" deal.

Much like the private jet depreciation advantage, NASCAR track owners are now allowed to write off the cost of building facilities in seven years, rather than the 39 years the government estimates it actually takes for the tracks to depreciate.

This means that NASCAR track owners make their money back even faster, but the government loses $40 million each year.
 

By Business Insider

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