Cactus Wren Jojoba, Ltd., Cecil R. Almand, Tax Matters Partner - Page 26

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            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 every                                 




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