- 75 - research and development period because that period coincided with the maturation period of the jojoba plants. The only ostensible difference in the relationship between JDP and HJI is that allegedly after 1986, as general partners, both JDP and HJI would be jointly liable for any debts and losses of a joint venture. In the present cases, however, we find that difference to be without distinction. We are guided by the maxim that "the relevant inquiry is the actual manner, not the form, in which the parties intended to structure their relationship." Slappey Drive Indus. Park v. United States, 561 F.2d 572, 583 (5th Cir. 1977), affg. Cairo Developers, Inc. v. United States, 381 F. Supp. 431 (M.D. Ga. 1974); see also Saviano v. Commissioner, 765 F.2d 643, 650 (7th Cir. 1985), affg. 80 T.C. 955 (1983). JDP was a limited partnership. Consequently, the potential liability of the individual partners did not change as a result of the formation of Turtleback Jojoba Venture. The mere presence of a profit motive, moreover, is not determinative of whether the section 174 deduction will be allowed. What is significant in the instant cases is that JDP never actually managed or controlled the use or marketing of the results of the research or experimentation. See Harris v. Commissioner, 16 F.3d 75 (5th Cir. 1994), affg. T.C. Memo. 1990- 80. JDP did not have a realistic prospect of carrying on its own jojoba farming business. Even though JDP had an option to farmPage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
Last modified: May 25, 2011