Stephen H. Glassley and Judith Glassley, et al. - Page 64

                                       - 64 -                                         
          Memo. 1992-587, affd. without published opinion 42 F.3d 1401 (9th           
          Cir. 1994); Reinke v. Commissioner, T.C. Memo. 1981-120.                    
               In view of our conclusion that JDP did not pay HJI for                 
          research or experimentation, we need not further address                    
          petitioners' argument that during the alleged research and                  
          development period Turtleback I was functioning solely as a pilot           
          or model, and therefore, the costs of its construction are                  
          deductible under section 1.174-2(a)(1), Income Tax Regs.  We                
          note, however, that as the foregoing discussion suggests,                   
          Turtleback I was not a model at all, and that, even if it had               
          been a model, it would not have been a model for operation by or            
          on behalf of JDP or its investors.                                          
               2.  The Expenditures Must Be Paid or Incurred on Behalf of             
          the Taxpayer                                                                
               In the instant cases, respondent has conceded that some of             
          HJI's activities on Turtleback I were research or experimentation           
          in the experimental or laboratory sense.  Petitioners contend               
          that respondent's concession is dispositive of the question of              
          the deductibility of the expenditures associated with the                   
          development of Turtleback I.  We do not agree.  See supra note              
          19.  Such expenditures also must have been incurred on JDP's                
          behalf.                                                                     
               Section 1.174-2(a)(2), Income Tax Regs., states that the               
          provisions of section 174(a)(1) "apply not only to costs paid or            
          incurred by the taxpayer for research or experimentation                    





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