- 27 - with respect to the project. However, the patent could not be exploited because know-how and the right to manufacture the product could not be transferred out of Israel without the Israeli Government’s approval. Furthermore, in the event that I- Tech did not exploit the technology, the rights to such technology would pass to the Israeli Government at the end of 5 years. The PPM warned prospective investors that “there is no assurance” that the Israeli Government would grant approval to transfer know-how outside of Israel. We are unconvinced that there was, during the years in issue, any realistic prospect that I-Tech would exploit any discoveries in a trade or business. We find that I-Tech served as a financing vehicle set up to fund five Israeli R&D companies in exchange for a stream of royalty payments convertible into equity interests in the R&D companies or their affiliates. We hold that I-Tech is not entitled to deduct research or experimental expenses of $2,591,225, $2,834,032, and $1,497,317 under section 174 in its tax years 1984 through 1986, respectively. II. Guaranteed Payments Respondent determined that deductions taken as guaranteed payments of $79,867 in 1984, $179,501 in 1985, and $91,221 in 1986 were nondeductible. Petitioner did not make any argument regarding these deductions in his original brief. InPage: 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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