- 20 -                                         
          are unreasonable.  Respondent’s position is that petitioner did              
          not pay or incur the research expenses in connection with his own            
          trade or business and that petitioner did not have the objective             
          intent to prospectively enter into his own trade or business with            
          the developed technology.                                                    
               Petitioners argue that “There was a realistic prospect that             
          * * * [petitioner] would enter a trade or business involving the             
          software he developed.”  (Emphasis added.)  Petitioners do not               
          argue that at the time petitioner incurred the R&D expenses, he              
          was already engaged in a trade or business; petitioners’ focus is            
          solely upon the prospective probability that petitioner would                
          engage in a trade or business with the developed technology.14               
          In its petition, CPSG, Inc. alleged that if the Court determines             
          that Mr. and Mrs. Saykally are not entitled to the claimed R&D               
          deductions, then CPSG, Inc. is so entitled.  CPSG, Inc. abandoned            
          this argument.  Ryback v. Commissioner, 91 T.C. 524, 566 n.19                
          (1988).  Therefore, we express no opinion as to this issue.                  
               The Trade or Business Requirement                                       
               With respect to section 174, the U.S. Supreme Court has                 
          interpreted the trade or business requirement expansively.  Snow             
               14Petitioners argue that petitioner was “capable of                     
          exploiting the new products;” “At the time the section 174                   
          expenses were paid, there was a realistic prospect that                      
          petitioner would enter a trade or business involving the new * *             
          * products;” and that he “intended to market the Developed                   
          Technology to new customers as well as existing customers of                 
          CPSG.”  (Emphasis added.)                                                    
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