Durham Farms #1 - Page 79




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               On brief, respondent has conceded that Management is                   
          entitled to certain deductions for the years in issue.  The Court           
          thus holds that Management is entitled to farming and other                 
          deductions in the amounts respondent conceded.  The Court further           
          holds that Management is not entitled to deductions for the years           
          in issue in excess of the amounts respondent conceded.  See Rules           
          142(a), 240(a).                                                             
               On the record presented, petitioners have failed to                    
          establish that Management is entitled to fuel tax credits.                  
          Consequently, the Court sustains respondent’s determinations in             
          the FPAA’s that Management is not entitled to fuel tax credits              
          for some of the years in issue.  See Rules 142(a), 240(a).                  
          Similarly, on the record presented, petitioners have failed to              
          establish that Management is entitled to deduct research and                
          development expenses under section 174.   Among other things, the           
          Court is not satisfied that expenditures were actually incurred             
          in the amounts claimed for research or experimentation.  See sec.           
          1.174-2(a)(1), Income Tax Regs.  There is evidence of numerous              
          irregularities in the Hoyt organization’s “cattle records”,                 
          including the fabrication of substantial amounts of fictitious              
          cattle information.  See supra note 22.  Consequently, the Court            
          sustains respondent’s determinations in the FPAA’s that                     
          Management is not entitled to deduct research and development               
          expenses under section 174 for some of the years in issue.  See             






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