Cactus Wren Jojoba, Ltd., Cecil R. Almand, Tax Matters Partner - Page 24

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            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 or                            




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