Utah Jojoba I Research, William G. Kellen, Tax Matters Partner - Page 37

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          and development as well as farming activities on the 80 acres                
          allocated to Utah I.                                                         
               We also hold that Utah I had no realistic prospect of                   
          entering into a trade or business with regard to the technology              
          that was to be developed by U.S. Agri.  The Supreme Court's                  
          decision in Snow v. Commissioner, supra, "makes it important to              
          determine whether the prospects for developing a new product that            
          will be exploited in a business of the taxpayer are realistic".              
          Spellman v. Commissioner, 845 F.2d 148, 149 (7th Cir. 1988),                 
          affg. T.C. Memo. 1986-403.  Unless the taxpayer can show that                
          there is a realistic prospect that he will ultimately engage in a            
          trade or business that exploits the developed technology, a                  
          research and experimental expenditure cannot be said to have been            
          paid or incurred "in connection with" a trade or business.                   
          Harris v. Commissioner, 16 F.3d 75, 81 (5th Cir. 1994), affg.                
          T.C. Memo. 1990-80, supplemented by 99 T.C. 121 (1992); Zink v.              
          United States, supra at 1023; Spellman v. Commissioner, supra at             
          148-149; Diamond v. Commissioner, 92 T.C. 423, 439 (1989), affd.             
          930 F.2d 372 (4th Cir. 1991).                                                
               The management of investments, however, is not a trade or               
          business, regardless of how extensive or complete the portfolio              
          or how much time is required to manage the investments.  Green v.            
          Commissioner, supra at 688-689.  This Court and other courts have            
          scrutinized claimed research and development expenditures to                 





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