- 36 - Included in the management agreement with Cactus Wren for plantation II is a budget for the initial year that allocates $43,800 to the purchase and planting of cloned plant material and $7,689 (for 7 months) to culturing costs, such as fertilizing, pest control, weeding, and other ongoing farm activities. Based upon this management contract, we conclude that AI performed all of the physical work upon plantation II. From the formation to the abandonment of the partnerships, Yuma Mesa and Cactus Wren had no employees. See Harris v. Commissioner, 16 F.3d at 80 n.10. By contrast, AI employed two managers, Don and Kelly Shooter, and hired individuals to perform the actual farm work on the plantation. Additionally, AI had established itself in the jojoba farming industry as a plantation manager. By 1986, AI was running approximately 10 jojoba plantations, several which were planted prior to those of Yuma Mesa and Cactus Wren. We do not accept the testimony of Peterson at trial that Mesa "did all the things that are required to raise jojoba." Although Mesa had been engaged as the research and development subcontractor, petitioners presented no evidence that Mesa had any employees or exercised any control over the activities on the jojoba plantations. From the evidence before us, it appears that Mesa's role was to ensure that the money paid by Yuma Mesa to HTP and by Cactus Wren to MBP for purported research and development went back to the shareholders of Hilltop Ventures, later TownhillPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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