Joseph P. and Mary B. McDonald - Page 10




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          Mr. Cannito also prepared petitioners’ 1984 joint Federal income            
          tax return, claiming a deduction for another loss arising from              
          the Arid Land investment in the amount of $798.                             
               As the result of partnership level proceedings concerning              
          Arid Land Research Partners, this Court ultimately entered a                
          decision disallowing in full the partnership’s claimed ordinary             
          loss in each of the taxable years 1983 and 1984.  This decision             
          was based upon a stipulation by the partnership and the                     
          Commissioner to be bound by the outcome of the case in which this           
          Court rendered our opinion in Utah Jojoba I Research v.                     
          Commissioner, T.C. Memo. 1998-6.  In that case, we found that the           
          Utah Jojoba I Research partnership (“Utah I”) was not entitled to           
          a section 174(a) research or experimental expense deduction (or a           
          section 162(a) trade or business expense deduction) because (a)             
          Utah I did not directly or indirectly engage in research or                 
          experimentation, and (b) the activities of Utah I did not                   
          constitute a trade or business, nor was there a realistic                   
          prospect of Utah I ever entering into a trade or business.  Id.             
               Following the entry of the decision concerning the                     
          partnership, respondent adjusted petitioners’ returns by                    
          disallowing their claimed shares of the partnership losses,                 
          $34,739 in 1983 and $798 in 1984.  In the statutory notices of              
          deficiency which provide the basis for our jurisdiction in this             
          case, respondent determined that petitioners are liable for                 






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