- 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.)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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