- 73 - of entering into a trade or business with respect to any technology that might be developed. Consequently, we held that "Everything that * * * [the taxpayers] did was wholly consistent with investor activity, not the activity of a person engaged in an active trade or business." Id. In determining whether research and development expenditures were incurred in the taxpayer's trade or business, this Court has considered a two-step inquiry: (1) Whether the taxpayer's activities in connection with the venture were sufficiently substantial and regular to constitute a trade or business and (2) whether the taxpayer had the requisite profit objective in undertaking the activity. See Green v. Commissioner, 83 T.C. 667, 687 (1984); Stankevich v. Commissioner, supra. Petitioners contend that such requirements have been satisfied in the present cases because TJV's primary motive in farming jojoba was to realize profit, and its farming operations were continual and regular. Petitioners contend that the present cases are distinguishable from cases such as Green v. Commissioner, supra, Levin v. Commissioner, supra, and Stankevich v. Commissioner, supra, because JDP actually formed a joint venture with HJI in 1987 that commercially farmed jojoba. Petitioners argue that the formation and operation of that joint venture is determinative of the trade or business question. We do not agree. The fact that some enterprise, be it HJI or TJV, was conducting commercialPage: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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