- 34 - about the details of the two agreements that he hastily signed on December 31, 1982. Utah I's liability under the R&D agreement was extinguished by Kellen's concurrent execution of the license agreement between Utah I and U.S. Agri. Therefore, the record here indicates that the amounts paid to U.S. Agri by Utah I were not even paid pursuant to a valid R&D agreement but were passive investments in a farming venture under which the investors' potential return was to be in the form of royalty pursuant to a licensing agreement. Since Utah I did not directly or indirectly engage in research or experimentation, we hold that petitioner is not entitled to a deduction for these expenditures under section 174. B. Requirement of a Trade or Business In addition, we hold that the activities of Utah I did not constitute a trade or business. To be entitled to deductions for research and development expenditures, a taxpayer need not be currently producing or selling any product. Snow v. Commissioner, 416 U.S. 500, 503-504 (1974); LDL Research & Dev. II, Ltd. v. Commissioner, 124 F.3d 1338 (10th Cir. 1997), affg. T.C. Memo. 1995-172. However, "the taxpayer must still be engaged in a trade or business at some time, and we must still determine, through an examination of the facts of each case, whether the taxpayer's activities in connection with a productPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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