Impact Research Corporation, Joan C. Benz, Tax Matters Person - Page 19




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          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,           






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