- 62 - provide the promised tax benefits for JDP's investors and that it was not based on the value of any anticipated services to be rendered by HJI. Under such circumstances, we agree with respondent that the R & D Agreement did not delineate the agreement of the parties as to any research and development to be conducted, and it had no substance. Petitioners contend, however, that the option and farm lease agreement, which purportedly accorded JDP the right to operate Turtleback I had HJI elected not to enter into a joint venture, shows that JDP was independent from HJI and intended to use the expected discoveries in a trade or business. We do not agree. First, as we have stated earlier, we believe that from its inception Turtleback I was not an independent jojoba plantation but functioned as a part of HJI's jojoba farming enterprise. Second, we are not convinced from this record that JDP ever had a realistic prospect of carrying on a jojoba farming operation. For example, JDP had no experience in farming jojoba. As far as we can tell from the record, Berberich was not involved directly in the farming of jojoba on Turtleback I or anywhere. He was a lawyer, not a farmer, and all of his activities concerned administering JDP or monitoring his own investments in the Hyder Jojoba plantations. JDP, moreover, had no employees and no equipment, and it did not own the jojoba plants. The record is devoid of any evidence that JDP could have operated a successfulPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
Last modified: May 25, 2011