I-Tech R&D Limited Partnership - Page 20




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          management of investments has long been held not to rise to the             
          level of a trade or business, regardless of the extent of the               
          investments or the time required to perform the managerial                  
          functions.  See Higgins v. Commissioner, 312 U.S. 212 (1941).               
               Petitioner argues that I-Tech controlled the research and              
          development of the five R&D companies and that the partnership              
          had a “realistic prospect” of being involved in the exploitation            
          of any discoveries.  We address petitioner’s arguments in turn.             
          A.   Control                                                                
               Petitioner asserts that by virtue of Mr. Slavitt’s and Mr.             
          Yaakov’s “active involvement” with the five R&D companies, the              
          limited partnership controlled the research, and as a result,               
          establishes that the limited partnership was not a passive                  
          investor.  Petitioner points to testimony by Mr. Slavitt and Mr.            
          Yaakov regarding an initial inspection tour followed by frequent            
          visits to Israel and numerous conversations with personnel at               
          WorldTech,37 RSI, and the five R&D companies.  While Mr. Slavitt            
          and Mr. Yaakov may have initially inspected the companies doing             
          the research to determine their potential for success and                   
          communicated with people at WorldTech, RSI, and the five R&D                
          companies on a frequent basis, we believe such activity was                 
          undertaken on behalf of I-Tech in its role as an investor in the            


               37It is not clear whether Mr. Yaakov was referring to                  
          WorldTech Israel, Ltd., or its wholly owned subsidiary WorldTech            
          U.S.  Our analysis does not change in either case.                          




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