- 422 - to engage, all of the surrounding facts and circumstances are relevant to the inquiry into whether such entity has any realistic prospect of entering into a trade or business with respect to the technology under development. The inquiry includes consideration of the intentions of the parties to the contract for the performance of the research and development, the amount of capitalization retained by the entity during the research and development contract period, the exercise of control by the entity over the person or organization doing the research, the existence of an option to acquire the technology developed by the organization conducting the research and the likelihood of its exercise, the business activities of the entity during the period in question, and the experience of the investors in the entity. Absent a realistic prospect that the entity will enter a trade or business with respect to the technology, the entity will be treated as a passive investor, not eligible for deductions under section 174. As indicated previously, in Estate of Cook v. Commissioner, T.C. Memo. 1993-581, the Court dealt with, among other things, the entitlement of another IRC shareholder (namely, George Cook) to a deduction for IRC's claimed 1979 research and development expense. The Court rejected the taxpayers' contention that a realistic prospect existed of IRC's entering into a trade orPage: Previous 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 Next
Last modified: May 25, 2011