- 20 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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