- 34 - (f) Over $187,500 42.5%" It is evident from the words of the licensing agreement that Cactus Wren was not going to be actively involved in the development of the jojoba plantation. As paragraph 2 in section A points out: Said agreement provides that upon the sole determination by Mockingbird Plantations, Inc. as Contractor, that the seed and/or bean of the jojoba plants developed may be sold commercially, then and in that event commercial farming and marketing shall be conducted pursuant to this Agreement. The licensing agreement also states "that this Agreement in no way constitutes a partnership or a joint venture between Licensor * * * [Cactus Wren] and Licensee * * * [MBP]." "A taxpayer that funds research by another party in return for royalties is clearly no more than an investor making a capital contribution to the trade or business of another." LDL Research and Development II, Ltd. v. Commissioner, F.3d. (10th Cir., Sept. 8, 1997), affg. T.C. Memo. 1995-172. It is clear that Yuma Mesa and Cactus Wren funded the "research activities" of HTP and MBP with the expectation of royalties from the sale of the jojoba beans. As the farm manager for both plantation I and II, AI is the only entity that appears to have been engaged in a trade or business related to jojoba farming. The actions of the general partners and the four initial investors in the project, including irregular visits to the plantation sites and sending letters and photographs thatPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011