- 23 - supra; Stankevich v. Commissioner, supra. A. Research and Experimental Expenditures for 1982 and 1983 Section 174 allows a taxpayer12 to elect to treat research and experimental expenditures paid or incurred during the taxable year "in connection with" the taxpayer's trade or business as expenses which are not chargeable to capital account. The expenditures so treated are allowed as a deduction. Treasury regulations provide that the expenditures may be paid or incurred for research or experimentation carried on by the taxpayer or by another on the taxpayer's behalf. Sec. 1.174-2(a), Income Tax Regs. Petitioners contend that the expenditures here in issue qualify under the statutory standard. Respondent argues, first, that the expenditures in issue were not "research and experimental expenditures" and, secondly, that Yuma Mesa and Cactus Wren had no realistic prospect of engaging in a trade or business related to jojoba farming and could at most act as passive investors because of the existence of exclusive licenses. Accordingly, respondent concludes that petitioners did not pay or incur "research or experimental expenditures" in connection with their "trade or business." We agree with respondent on both counts. The term "research or experimental expenditures" as used in 12 The "taxpayer" for this purpose is the partnership. Cf. Campbell v. United States, 813 F.2d 694, 695-696 (5th Cir. 1987).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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