Utah Jojoba I Research, William G. Kellen, Tax Matters Partner - Page 34

                                        - 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 product               





Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011