- 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 experimentationPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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