- 19 - have Systems conduct research or experiments on behalf of IRC and RIC, and (3) this research or these experiments are in connection with IRC’s or RIC’s trade or business. Failure to satisfy any of these requirements would lead to a conclusion that IRC and RIC are not entitled to their claimed section 174 deductions. See Green v. Commissioner, 83 T.C. 667, 691 (1984). We consider first the question of whether the expenditures were “paid or incurred * * * in connection with * * * [IRC’s or RIC’s] trade or business”. Sec. 174(a)(1). In Snow v. Commissioner, 416 U.S. 500, 503 (1974), the Supreme Court contrasted the “in connection with” language of section 174 with the “in carrying on” language of section 162. The Supreme Court concluded that the difference in language meant that the requirements of section 174 were different from the requirements of section 162. The Supreme Court examined the legislative history of section 174 in order to determine what were the relevant differences between section 174 and section 162. Id. at 503-504. The Supreme Court then concluded that the different statutory language meant that deductions under section 174 are to be available to companies “that are upcoming and about to reach the market”, as well as to “ongoing companies”. Id. at 504. Although the taxpayer need not be conducting a trade or business at the time of the research or experimental expenditure,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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