Stephen H. Glassley and Judith Glassley, et al. - Page 73

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          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 commercial                




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