- 63 - that respondent concedes that petitioner has met the requirements of I.R.C. � 174, which is simply not an issue in this case." Petitioner objects to respondent's claim that its expenditures "may be treated" as expenses under section 174 without in fact meeting the section's requirements for a deduction. Petitioner hazards a guess that respondent wants to have it both ways; that is, respondent wants to avoid an adverse ruling on the issue (and its potential impact on other tests under section 41) without conceding that the section 174 requirements are actually satisfied. We believe that the phrase "the research expenditures may be treated as expenses under section 174" is meant to require the taxpayer to satisfy all the elements for a deduction under section 174. The legislative history of section 41 supports this requirement. See H. Conf. Rept. 99-841 (Vol. II), supra at II-71, 1986-3 C.B. (Vol. 4) at 71 ("the conference agreement limits research expenditures eligible for the incremental credit to 'research or experimental expenditures' eligible for expensing under section 174. * * * Under the conference agreement, research satisfying the section 174 expensing definition is eligible for the credit"). Thus, on the basis of respondent's concessions, each of petitioner's eight sample activities satisfies the elements for a deduction under section 174.Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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