Cactus Wren Jojoba, Ltd., Cecil R. Almand, Tax Matters Partner - Page 25

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            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 for                               




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