- 421 - To be entitled to deductions for research and experimental expenditures, a taxpayer is not required currently to produce or sell any product. Moreover, a taxpayer need not be currently engaged in a trade or business in order to qualify for such deductions. See Snow v. Commissioner, 416 U.S. 500, 503-504 (1974). Nevertheless, in Green v. Commissioner, 83 T.C. 667, 686-687 (1984), this Court stated: For section 174 to apply, the taxpayer must still be engaged in a trade or business at some time, and * * * [the Court] must still determine, through an examination of the facts of each case, whether the taxpayer's activities in connection with a product are sufficiently substantial and regular to constitute a trade or business for purposes of such section. [Fn. ref. and citations omitted.] A taxpayer must be more than a mere investor to be entitled to deductions for research and experimental expenditures under section 174. See id. at 688-689, see also Levin v. Commissioner, 87 T.C. 698, 725-726 (1986), affd. 832 F.2d 403 (7th Cir. 1987). In the case of an entity that claims deductions under section 174, the relevant inquiry is whether the entity has any realistic prospect of entering into a trade or business involving the technology under development. See Spellman v. Commissioner, 845 F.2d 148, 151 (7th Cir. 1988), affg. T.C. Memo. 1986-403; Diamond v. Commissioner, 92 T.C. 423, 439 (1989), affd. 930 F.2d 372 (4th Cir. 1991). As these cases demonstrate, when an entity contracts out the performance of the research and development in which it intendsPage: Previous 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 Next
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