Cactus Wren Jojoba, Ltd., Cecil R. Almand, Tax Matters Partner - Page 34

                                                - 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 that                                    





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