- 16 - appeared commercially promising, the corporation would definitely exercise its option, and, if the corporation declined to exercise the option, the project partnership and the limited partnership would be left with the right to develop an asset whose costs would not appear to justify additional investment. See id. at 440-441. The Court of Appeals for the Fourth Circuit affirmed our opinion, stating: The question is not whether it is possible in principle, or by further contract, for these partnerships to engage in a trade or business, but whether, in reality, the project partnership * * * possessed the capability in the years before the court to enter into a new trade or business in connection with the proposed * * * [technology]. The answer to the question of reality must be found in economic reality, which is revealed more by the direction of the money than by the complexion of the principle. [Diamond v. Commissioner, 930 F.2d at 375.] In Harris v. Commissioner, T.C. Memo. 1990-80, we held that Research I, a partnership of which Mr. Townsend was a general partner, was not entitled to deductions under section 174 for amounts paid to CemCom for research and development services which are similar to the research and development services provided by CemCom to Research II under the terms of the research and development agreement. Research I and CemCom had also entered into an agreement, similar to the technology transfer agreement between Research II and CemCom, under which CemCom was granted the option to license the technology itPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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