- 5 - letter). The Caplan letter discussed various Federal income tax principles and opined regarding the application of those principles to the Jojoba investment. Caplan & Resnick based its opinion on the representations made by Jojoba’s general partner, which the firm claimed it independently verified by personally interviewing officers of Agri-Research, visiting a typical experimental jojoba plantation, and reviewing various documents, including the PPM, the research and development agreement, the license agreement, and documentation concerning the acquisition of rights to the use of real property upon which the research would be conducted. The Caplan letter specifically addressed the deductibility of research and development expenditures under section 174 and concluded: Because of the scarcity of judicial opinions and legislative enactments regarding section 174 and because * * * [Jojoba] may incur expenses which are not presently contemplated, it is not possible to guarantee the deductibility of certain expenditures as research and development expenses. The General Partner intends to conduct the * * * [Jojoba] business such that, to the extent possible, substantially all * * * [Jojoba’s] expenditures for research and development qualify under section 174. Before making the investment in Jojoba, petitioner discussed with Mr. Mihara Jojoba’s profit potential and the research and development deduction that Jojoba anticipated claiming. Although Mr. Mihara had no expertise regarding jojoba as a marketable commodity, research and development expenditures generally, or the requirements of section 174 when he broughtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011