- 2 - 7443A(b)(4) and Rules 180, 181, and 183.2 The Court agrees with and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE WOLFE, Special Trial Judge: Cactus Wren Jojoba, Ltd. (Cactus Wren) is a Texas limited partnership to which the provisions of sections 6221-6233 (the TEFRA partnership provisions)3 are applicable. By notice of final partnership administrative adjustment (FPAA) respondent determined the following adjustments to the partnership return of income of Cactus Wren for the taxable year 1983: (1) Disallowance of $164,057 claimed as qualified research and development expenditures under section 174; and (2) disallowance of $10,500 claimed as a deduction for tax counseling fees. Respondent also determined that, in the alternative, if the research and experimentation expenditure were allowed as a deduction, it would be an item of tax preference under section 57(a)(6). Cecil R. Almand (Almand), as tax matters partner (TMP), timely filed a petition with this Court. 2 All section references are to the Internal Revenue Code in effect for the tax years in issue, except as otherwise indicated. All Rule references are to the Tax Court Rules of Practice and Procedure. 3 The so-called TEFRA partnership provisions, secs. 6221-6233, were added to the Code by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 648.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011