Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / idr-44-response.docx

idr-44-response.docx

High · 2 Medium · 0 Standard · 0

I. INTRODUCTION AND PURPOSE

I. INTRODUCTION AND PURPOSE Calderwood & Harkness LLP ("C&H"), as authorized representatives of Penterra Pharmaceuticals Corp. ("PPC" or "Taxpayer") pursuant to IRS Form 2848, Power of Attorney and Declaration of Representative, filed with the Internal Revenue Service ("IRS" or the "Service") on June 8, 2022 — which designates Leonard Cross (CAF No. 7821-44509R), Sylvia Hartwell (CAF No. 6103-29817R), Garrett Simmons

II. SUMMARY OF DOCUMENTS PRODUCED High

⚑ Non-compete / exclusivity restraint

II. SUMMARY OF DOCUMENTS PRODUCED PPC is producing the following categories of documents responsive to IDR No. 44. The documents have been organized by category and tax year for ease of the examination team's review. All documents are Bates-stamped with the prefix "PPC-IDR44-" followed by sequential numbering. A complete Document Production Index is provided in Section VI below, and each document has been cross-refer

III. RELEVANCE TO TRANSFER PRICING ANALYSIS

III. RELEVANCE TO TRANSFER PRICING ANALYSIS The documents produced in response to IDR No. 44 are relevant to the transfer pricing analysis in this examination because they demonstrate PBI's substantive and growing capital investment in its Dublin operations during the Examination Period. These capital investments are consistent with — and directly support — PBI's role as the IP-holding company and commercial principa

IV. PRIVILEGE RESERVATION

IV. PRIVILEGE RESERVATION PPC has withheld certain documents that may be responsive to IDR No. 44 on the basis of the attorney-client privilege, the work-product doctrine, or both. The following privilege assertions are applicable to this response: (a) Documents withheld on the basis of the attorney-client privilege and/or the work-product doctrine are identified on the privilege log that was initially provided to th

V. GENERAL RESERVATIONS AND LIMITATIONS High

⚑ Penalty / liquidated damages

V. GENERAL RESERVATIONS AND LIMITATIONS PPC's production of documents in response to IDR No. 44 is subject to the following general reservations and limitations, which are consistent with the reservations and limitations set forth in PPC's prior IDR responses: (a) The production of documents in response to IDR No. 44 does not constitute a waiver of any privilege, including the attorney-client privilege, the work-prod

VI. DOCUMENT PRODUCTION INDEX

VI. DOCUMENT PRODUCTION INDEX The following is an index of all documents produced in response to IDR No. 44. All documents bear the Bates prefix "PPC-IDR44-" followed by the sequential page number. This index has been cross-referenced to the Master Document Production Index maintained by Calderwood & Harkness LLP for the duration of the examination, which covers all forty-seven IDRs issued from June 2022 through Sept

1. Documents responsive to IDR No. 44 (Bates-stamped PPC-IDR44-000001 through PPC-IDR44-0

1. Documents responsive to IDR No. 44 (Bates-stamped PPC-IDR44-000001 through PPC-IDR44-002812) — produced via IRS Secure File Transfer

2. Updated Privilege Log entries related to IDR No. 44 (17 entries; Privilege Log Nos. PL