- 37 - Equities, Inc., as lease payments. HTP, MBP, Hilltop Ventures, and Townhill Equities, Inc., were owned and controlled by identical parties--Almand, Peterson, Meinke, and Damer. Additional amounts were paid over to AI in accordance with the management agreements and budgets summarized above. The passive nature and limited activity of Yuma Mesa and Cactus Wren, as well as their lack of control over all aspects of the investment, plainly demonstrate that the general partners of Yuma Mesa and Cactus Wren never intended that these partnerships would enter into a trade or business.13 Neither Yuma Mesa nor Cactus Wren was adequately capitalized by the general partners for operation as a business in the long-term. Both Yuma Mesa and Cactus Wren had run out of capital by 1987 and were not able to purchase the wind machines. None of the general partners had the expertise necessary to operate a jojoba plantation. The contractual arrangements between Yuma Mesa and HTP and between Cactus Wren and MBP, in addition to Mesa, made the prospects unrealistic that the partnerships would ever be capable of entering into a trade or business with respect to any technology that might be developed. The actions of the general partners in 13 As the Court of Appeals for the Fifth Circuit noted in Harris v. Commissioner, 16 F.3d 75 (5th Cir. 1994), affg. T.C. Memo. 1990-80, supplemented by 99 T.C. 121 (1992): [T]hose cases in which a sec. 174 deduction was upheld may be distinguished by one dispositive factor: In each of the cases allowing the deduction, the entity that incurred the research expenses actually managed and actually controlled the use or marketing of the research. Id. at 79.Page: 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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