- 29 - 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,Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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