- 8 - partnership. Their characterizations about petitioner's participation in RCC are not supported by the record. According to the exhibits, petitioner's only contribution to the running of RCC was checks totaling $50,000. Moreover, petitioners misconstrue Mr. Cleveland's contribution to his partnership, characterizing it as "cash invested and attending to some paperwork." Cleveland has been interpreted to mean that an active role is necessary to qualify as being in a trade or business: Furthermore, the court in Cleveland did not hold that the act of financing research in itself constitutes the trade or business of promoting an invention. The combined activities of both participants in the joint venture formed the basis for the court's finding of a trade or business. * * * Green v. Commissioner, supra at 691. Petitioners have not shown that petitioner did any more than provide financing. Neither does Green v. Commissioner, supra, support petitioners' entitlement to a deduction. The taxpayers in Green were limited partners in a partnership called LaSala. LaSala was organized to acquire, improve, and develop four inventions. Id. at 668-669. On the day LaSala acquired the inventions, it entered into an agreement with NPDC, a patent development company. Under the agreement, NPDC was to research and develop the inventions. Id. at 671. LaSala had no authority to direct NPDC's efforts. Id. at 672. This Court held that LaSalaPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011