- 30 - management studies, consumer surveys, advertising or promotions. * * * Respondent claims that the amounts paid to U.S. Agri by Utah I in 1982 do not fall within the purview of the quoted regulation and are not deductible under section 174. Respondent contends that the amounts expended by Utah I were payments in connection with U.S. Agri's farming enterprise that had the commercial production of jojoba as the sole or primary objective. Furthermore, most of the amounts paid by Utah I to U.S. Agri were allocable to land development or improvement. Respondent argues that the activities of U.S. Agri were, at most, field testing and more likely were simply farming activities directed toward maximizing the potential production of the jojoba plantations. Moreover, respondent contends that no research whatsoever was performed by U.S. Agri on behalf of Utah I. Petitioner contends that U.S. Agri conducted valid research or experimentation regarding cultivation of the jojoba plant on behalf of Utah I and, consequently, under section 174(a)(1), Utah I is entitled to deduct the contract fees paid to U.S. Agri for such research or experimentation. The record in this case supports our conclusion that respondent's determinations are correct, and that petitioner's arguments to the contrary are without merit. Attempts to farm jojoba commercially do not represent research and development in the experimental or laboratory sense. Cactus Wren Jojoba, Ltd. v. Commissioner, supra; Glassley v.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011