- 24 - section 174 means "expenditures incurred in connection with the taxpayer's trade or business which represent research and development costs in the experimental or laboratory sense." Sec. 1.174-2(a)(1), Income Tax Regs. This regulation further provides: The term [research or experimental expenditures] includes generally all such costs incident to the development of an experimental or pilot model, a plant process, a product, a formula, an invention, or similar property, and the improvement of already existing property of the type mentioned. The term does not include expenditures such as those for the ordinary testing or inspection of materials or products for quality control or those for efficiency surveys, management studies, consumer surveys, advertising or promotions. [Id.] * * * Respondent claims that the amounts paid to HTP and MBP by Yuma Mesa and Cactus Wren do not fall within the purview of the quoted regulation and are not deductible under section 174. Respondent contends that the amounts expended by Yuma Mesa and Cactus Wren were incurred only in connection with a farming enterprise and that the objective of the limited partnerships was to develop commercial plantations for the farming of jojoba through the work of AI. Respondent argues that the activities of AI were, at most, field trials and more likely were simply farming activities directed towards maximizing the potential production of the jojoba plantations. Moreover, respondent contends that on plantation II no research whatsoever was performed by AI. Petitioners contend that AI, pursuant to its management contract with HTP and MBP, conducted valid research orPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011