- 56 - In our view the R & D Agreement was designed and entered into solely to provide a mechanism to disguise the capital contributions of the limited partners as currently deductible expenditures and thus reduce the cost of their participation in the farming venture. As the transaction was structured, JDP could obtain no economic benefit solely from the putative research or experimentation apart from the potential tax benefits. No patents or inventions were expected to be developed. In addition, any "discoveries" obtained through HJI's efforts were to be shared, without compensation, with other jojoba growers. Consequently, JDP could receive no marketable asset from HJI's putative research or experimentation activities. Plainly, no unrelated party would have paid HJI for a similar research and development contract under circumstances like those presented in this case. Petitioners, nonetheless, contend that the R & D Agreement had independent value. They assert that, as of December 31, 1981, the R & D Agreement had a fair market value of $382,000, and that the value of the anticipated benefits of the research was greater than the $360,000 JDP paid HJI under the R & D Agreement. In addition, they contend that the value of the cost savings to the jojoba industry as a whole resulting from the nutrient studies exceeded the amount JDP paid HJI under the R & D Agreement. Petitioners contend further that the parties to thePage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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