- 9 - CemCom a 5-percent annual royalty on all gross revenues from the sales or licensing of the new technology. Before the formation of Research II during 1982, Mr. Townsend and Townsend & Co., Inc., were the general partners of Research I limited partnership. Research I was organized on December 31, 1981, and was likewise engaged in research and development in the area of cementitious composites. Research I also engaged CemCom to provide the actual research and development services. Pursuant to an agreement between Research I and CemCom, CemCom was granted the option to license the technology it developed on behalf of Research I provided that it paid Research I minimum royalty payments. Deductions taken by the various limited partners of Research I were the subject of Harris v. Commissioner, T.C. Memo. 1990-80, affd. 16 F.3d 75 (5th Cir. 1994), affd. without published opinion sub nom. Travers v. Commissioner, 21 F.3d 424 (4th Cir. 1994), which denied Research I a deduction pursuant to section 174(a)(1) for amounts paid to CemCom for research and development services. During 1982, CemCom approached Mr. Townsend with a proposal for a new research venture. Mr. Townsend was reluctant to organize a second partnership absent assurance by CemCom that it would exercise its option under its agreement with Research I. On December 29, 1982, the same day as the formation of Research II, CemCom and Research I entered into an agreement wherebyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011