- 26 - petitioners concerning any purported research or experimental work for petitioners. A party's failure to introduce evidence within his possession which, if true, would be favorable to him, gives rise to the presumption that if produced it would be unfavorable. Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). The record shows that these cases are further examples of efforts by promoters and investors in the early 1980's to reduce the cost of commencing and engaging in the farming of jojoba by claiming, inaccurately, that capital expenditures in jojoba plantations might be treated as research or experimental expenditures for purposes of claiming deductions under section 174. Glassley v. Commissioner, T.C. Memo. 1996-206; Stankevich v. Commissioner, T.C. Memo. 1992-458. Since Yuma Mesa and Cactus Wren did not directly or indirectly engage in research or experimentation, we hold that they are not entitled to a deduction for these expenditures under section 174. B. Requirement of a Trade or Business In addition, we hold that the activities of Yuma Mesa and Cactus Wren did not constitute a trade or business. To be entitled to deductions for research and development expenditures, a taxpayer need not be currently producing or selling any product. Snow v. Commissioner, 416 U.S. 500, 503-504 (1974); Zink v. United States, 929 F.2d at 1021. However, not everyPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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