- 27 - Center area.23 In any event, petitioner’s principal interest in the plantations appears to have been to determine how the jojoba plants were developing. There is no persuasive evidence in the record to demonstrate that petitioner visited the plantations in order to determine whether research or development was being conducted. If petitioner had visited the plantations for that purpose, he would have quickly discovered that U.S. Agri was engaged in nothing more than a farming activity. See Kellen v. Commissioner, T.C. Memo. 2002-19; Fawson v. Commissioner, supra. Petitioner should have realized that in the absence of any research and development, there could be no deduction for research and experimental expenditures under section 174. Fourth, petitioner contends that reliance on Mr. Kellen, Mr. Pace, Mr. Jacobs, and a professor at the University of California should absolve him of liability for negligence in this case. We disagree that any such reliance was reasonable; rather, the record demonstrates that petitioner failed to obtain competent, independent, professional advice before investing in San Nicholas. 23 Petitioner testified on direct examination as follows: we pulled some gas tanks out of our rental yard, and I sold them to [Mr.] Jacobs and took them down to the Desert Center because he was going to use them. Well, he was going to use one for water and one to store diesel in. So, I was down there then and a couple of other times.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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