Stephen H. Glassley and Judith Glassley, et al. - Page 62

                                       - 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 successful            






Page:  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