- 67 - Commissioner, 92 T.C. 423, 443 (1989), affd. 930 F.2d 372 (4th Cir. 1991)). At the time the R & D Agreement was executed, the costs of any research or experimentation to be conducted on Turtleback I had not been estimated. Under that agreement, HJI was to be responsible for all of the costs of operating Turtleback I. HJI would make all of the decisions relating to its operations and the putative research or experimentation, including deciding exactly what research or experimentation, if any, would be done. Although JDP purportedly paid a fixed contract fee for the putative research projects delineated in the R & D Agreement, at the time that agreement was executed neither party to the agreement expected HJI to carry out the described projects. HJI, moreover, did not plan to make a profit from the receipt of the R & D contract fee. The fee was to provide HJI with working capital and financial resources to develop the jojoba plantation and conduct any research and development projects. Its profit would come only from operating the jojoba plantation. HJI, furthermore, expected to, and did, use the results of its putative research or experimentation activities on all of the Hyder Jojoba plantations. HJI shared in the potential risks of failure and rewards of successful research or experimentation. Under such circumstances, we conclude that JDP did not pay HJI $360,000 in consideration for obtaining ownership of thePage: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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