Investment Research Associates - Page 364




                                       - 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 intends              





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