Utah Jojoba I Research, William G. Kellen, Tax Matters Partner - Page 29

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               Petitioner contends that the expenditures here in issue                 
          qualify under the statutory standard.  Respondent argues, first,             
          that the expenditures in issue were not "research and                        
          experimental expenditures" and, secondly, that Utah I did not                
          exercise sufficient direction or control over U.S. Agri to be                
          actively involved in a trade or business in connection with                  
          jojoba production or jojoba technology research.  Respondent also            
          argues that Utah I had no realistic prospect of engaging in a                
          trade or business related to jojoba farming and could at most act            
          as a passive investor because of the existence of the exclusive              
          license.  Accordingly, respondent concludes that petitioner did              
          not pay or incur "research or experimental expenditures" in                  
          connection with a "trade or business".  We agree with respondent.            
               The term "research or experimental expenditures" as used in             
          section 174 means "expenditures incurred in connection with the              
          taxpayer's trade or business which represent research and                    
          development costs in the experimental or laboratory sense."  Sec.            
          1.174-2(a)(1), Income Tax Regs.  This regulation further                     
          provides:                                                                    
               The term [research or experimental expenditures]                        
               includes generally all such costs incident to the                       
               development of an experimental or pilot model, a plant                  
               process, a product, a formula, an invention, or similar                 
               property, and the improvement of already existing                       
               property of the type mentioned.  The term does not                      
               include expenditures such as those for the ordinary                     
               testing or inspection of materials or products for                      
               quality control or those for efficiency surveys,                        





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