John Y. & Marion Robnett - Page 2




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          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  
               The issues for decision are:  (1) Whether petitioners are              
          liable for additions to tax for negligence under section 6653(a);           
          (2) whether petitioners are liable for the addition to tax for a            
          substantial understatement under section 6661; (3) whether this             
          Court has jurisdiction to review the section 6621(c) tax-                   
          motivated interest assessed by respondent and remaining unpaid by           
          petitioners; and (4) if this Court does have jurisdiction to                
          review the tax-motivated interest, whether such interest was                
          properly assessed in this case.1  The issues in this case concern           
          an investment in Yuma Mesa Jojoba, Ltd. (“Yuma Mesa” or “the                
          partnership”).2                                                             


          1In their petition, petitioners raised the additional issues                
          of the possible applicability of sec. 6404(g), regarding                    
          suspension of interest and penalties, and the possible                      
          applicability of the statute of limitations under sec. 6229(f).             
          Petitioners, however, did not include these issues in either                
          their trial memorandum or their posttrial brief.  We therefore              
          consider them to have been abandoned.                                       
          2The underlying deficiency in this case is based upon a                     
          computational adjustment made by respondent in accordance with              
          partnership level adjustments.  Those adjustments were upheld by            
          this Court in Cactus Wren Jojoba, Ltd. v. Commissioner, T.C.                
          Memo. 1997-504.  In that case, this Court reviewed respondent’s             
          determinations with respect to Yuma Mesa and a related                      
          partnership.  We held that the partnerships did not directly or             
          indirectly engage in research or experimentation and that the               
          partnerships lacked a realistic prospect of entering into a trade           
          or business.  In upholding respondent’s disallowance of                     
          $1,298,031 in research and experimental expenditures claimed by             
          Yuma Mesa, we described the research and development agreement              
                                                             (continued...)           





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