Research Two Limited Partnership - Page 13




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          $56,250.  On its Federal income tax return for 1983, Research II            
          claimed a $231,432.45 loss consisting of $1,628.83 of dividend              
          income and miscellaneous expenses of $233,061.28.  On its                   
          Federal income tax return for 1984, Research II claimed a                   
          $174,571.15 loss consisting of $257.18 of dividend income and               
          miscellaneous expenses of $174,828.33.  By notice of final                  
          partnership administrative adjustment dated July 8, 1988,                   
          respondent denied Research II's deductions for the years in                 
          issue but allowed Research II a deduction of $25,931 for                    
          amortization of patents in 1984.  Respondent has stipulated that            
          Research II was entitled pursuant to section 709(b) to deduct               
          amortization of organizational fees of $1,250 for 1982.                     
                                       OPINION                                        
               The issue we must decide is whether Research II is entitled            
          to a deduction, pursuant to section 174(a)(1), for the                      
          $2,750,000 debt it incurred to CemCom during 1982.  Section                 
          174(a)(1) provides:                                                         
               SEC. 174(a).  Treatment as Expenses.–-                                 
                    (1) In general.--A taxpayer may treat research or                 
               experimental expenditures which are paid or incurred by him            
               during the taxable year in connection with his trade or                
               business as expenses which are not chargeable to capital               
               account.  The expenditures so treated shall be allowed as a            
               deduction.                                                             
               The parties agree that the $2,750,000 debt related to                  
          research or experimentation falls within the scope of section               
          174.  Respondent contends, however, that the debt was not                   





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