- 7 - OPINION Issue 1. Research and Development Expenditures Respondent determined that 3-Koam may not claim an $82,000 research and development deduction for 1990, because the alleged agreement entered into by 3-Koam with Inkax was a sham transaction, lacking both a business purpose and economic substance. Petitioner asserts that 3-Koam properly incurred and accrued a research and development expense in 1990, and therefore may deduct such amount pursuant to section 174 and the regulations thereunder. Respondent's determinations are presumptively correct, and petitioner bears the burden of proving otherwise. Rule 142(a), Welch v. Helvering, 290 U.S. 111, 115 (1933); Durando v. United States, 70 F.3d 548, 550 (9th Cir. 1995). As a general rule, a taxpayer may deduct research or experimental expenditures paid or incurred during the taxable year in connection with its trade or business. Sec. 174(a); Snow v. Commissioner, 416 U.S. 500, 504 (1974). Section 174 not only applies to expenses paid or incurred directly by the taxpayer, but it also includes expenditures paid or incurred for research and development carried on in the taxpayer's behalf by another person or organization. Sec. 1.174-2(a)(2), Income Tax Regs. A taxpayer is generally free to structure its business transactions as it pleases, though motivated by tax reduction considerations. Gregory v. Helvering, 293 U.S. 465 (1935);Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011