- 33 - the early 1980's to reduce the cost of commencing and engaging in the farming of jojoba by claiming, inaccurately, that capital expenditures in jojoba plantations might be treated as research or experimental expenditures for purposes of claiming deductions under section 174. Cactus Wren Jojoba, Ltd. v. Commissioner, T.C. Memo. 1997-504; Glassley v. Commissioner, T.C. Memo. 1996- 206; Stankevich v. Commissioner, T.C. Memo. 1992-458. Furthermore, in this case, it is questionable whether Utah I's liability under its R&D agreement with U.S. Agri ever became fixed. According to its terms, the R&D agreement Utah I entered into with U.S. Agri on December 31, 1982, expired upon Utah I's execution of the license agreement.7 Kellen, as general partner of Utah I, extinguished Utah I's liability under the R&D agreement by contemporaneously executing the license agreement with the R&D agreement. As an experienced attorney and bank executive, Kellen was capable of reading and understanding the details of the R&D agreement and the license agreement he executed on behalf of Utah I. Kellen showed a lack of concern 7 Paragraph 11 of the R&D agreement states: 11. Terms of this Agreement This Agreement shall be effective as of the date hereof, and shall terminate upon the first to occur of the following: a. Upon the execution of the License Agreement referred to in Paragraph 10.a hereof;Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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