Patrick F. and Arlene G. Sheehy - Page 9

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          functioned only as an investor, id. at 687, and denied the                  
          taxpayers the deduction under section 174(a):                               
                    LaSala's "royalty" interest in the development and                
               commercialization of the four inventions was analogous                 
               to that of an investor in securities.  After the                       
               transactions of December 24, 1979, LaSala had no                       
               ownership interest in the inventions and no control                    
               over their actual development, production, or                          
               marketing.  * * *                                                      
          Id. at 689.                                                                 
               The factual situation in Green is similar to that of                   
          petitioners'.  In both, a limited partnership rather than the               
          taxpayers themselves was in charge of conducting the research and           
          development.  The Court in Green analyzed the agreements between            
          LaSala and NPDC to determine whether LaSala was actually                    
          controlling the research and development.  That analysis is                 
          impossible here, because petitioners have not submitted any                 
          substantive information on RCC and how it plans to develop the              
          recyclable plastic containers.  Lacking such evidence here, we              
          cannot find that petitioner or RCC was actively involved in a               
          trade or business involving the development or manufacture of               
          recyclable plastic containers.  Nor can we find that petitioner             
          or RCC had a realistic prospect of entering into a trade or                 
          business with regard to the products that were to be developed by           
          RCC.  See Snow v. Commissioner, 416 U.S. 500, 503-504 (1974);               
          Kantor v. Commissioner, supra at 1518.  Based on the record, we             
          cannot say that petitioner was any more than an investor in RCC.            





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