- 13 - stated only the following as counsel’s opinion concerning a section 174 deduction: The deductions which may be available to the partnership under Section 174 (Research and Development) of the Internal Revenue Code are dependent upon the acceptance by the Internal Revenue Service or the courts of the Partnership’s characterization of the transaction as a payment of research and development fees to the Contractor. It appears that counsel in fact expressed no opinion concerning the propriety of the deduction, but instead merely stated that the partnership would take the deduction. Although it may have been reasonable if petitioners had overlooked certain minor details in the summary of the letter, petitioners should have been alerted to the importance of this claimed deduction: The memorandum clearly stated that approximately 95 percent of the capital contributed to the partnership would be immediately expended under the research and development contracts. Among the various cautionary statements in the memorandum was a discussion concerning the risks involved in the partnership’s claiming a deduction with respect to this expense, and the memorandum also specifically stated that no ruling would be requested by the partnership from the Internal Revenue Service regarding this issue. As support for a reliance defense, petitioners cite the unpublished opinion of the Court of Appeals for the Ninth Circuit in Balboa Energy Fund 1981 v. Commissioner, 85 F.3d 634 (9th Cir. 1996), affg. in part and revg. in part sub nom. without publishedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011