Cactus Wren Jojoba, Ltd., Cecil R. Almand, Tax Matters Partner - Page 2

                                                 - 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.                                                                                




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