I-Tech R&D Limited Partnership - Page 27




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          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.  In                       






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