- 25 - experimentation regarding cultivation of the jojoba plant on behalf of Yuma Mesa and Cactus Wren, and consequently, under section 174(a)(1), Yuma Mesa and Cactus Wren are entitled to deduct the contract fees paid HTP and MBP for such research or experimentation. Respondent's determinations are presumed correct, and petitioners have the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Attempts to farm jojoba commercially do not represent research and development in the experimental or laboratory sense. Glassley v. Commissioner, supra; Stankevich v. Commissioner, supra. AI attempted to develop jojoba plantations that would be farmed for the oil seed. The limited partners of Yuma Mesa and Cactus Wren would realize income only through the sale of the jojoba oil if the plantations had been successful. AI furnished only one status report on the progress of the purported research and development on plantation I. AI did not maintain a laboratory on either plantation or adequately document any of its purported research and development costs. We agree with respondent's expert witness that AI's actions were no more than what any farmer would do in the ordinary course of preparing to grow a crop for commercial harvesting. Petitioners chose not to call an expert witness in this trial. There is no evidence suggesting that AI's efforts would lead to patentable technology or even know-how. Additionally, we note that Don Shooter, the farm manager for AI, did not testify forPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011