- 424 - specific exclusion in the parties' written stipulation of those portions of the Estate of Cook record regarding only ARC and BRC. Preliminarily, we note that the parties, for purposes of the instant cases, generally stipulated in evidence the Estate of Cook record, except for such evidence that related only to ARC and BRC. Thus, as we interpret the parties' stipulation, the evidence presented in Estate of Cook that would be relevant to ARC, BRC and IRC alike (not including perhaps the testimony of Dr. Charles Altschuler, on which the Court does not rely) would be considered as evidence in the instant cases and could be considered in resolving the IRC issues for 1979. We do not construe the parties' stipulation to limit the evidence here to only those portions of the Estate of Cook case's evidentiary record that Kanter considers "relevant" to IRC and himself. On this record, we conclude that respondent has established that Kanter was not entitled to deduct the claimed 1979 IRC research and development expenses under section 174(a). The evidence shows that there was no realistic prospect of IRC's entering into a trade or business to exploit the technology relating to the NPT-15392 compound being developed under the IRC- Newport R&D and License Agreement because there was essentially nothing that IRC could acquire. Virtually anything that Newport developed would almost certainly be a patentable property right that ipso facto could not be owned by IRC. In Estate of CookPage: Previous 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 Next
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