- 28 - The record does not demonstrate that petitioner’s R&D activities amounted to anything more than the development of property rights that he intended to license to CPSG, Inc. for use in CPSG, Inc.’s business. As such, petitioner’s activities amounted to nothing more than those of a prudent investor.18 “‘[T]he management of investments is not a trade or business for purposes of section 174.” Spellman v. Commissioner, 845 F.2d at 150 (quoting Green v. Commissioner, 83 T.C. at 688). For the aforesaid reasons, we find that at the time petitioner incurred the R&D expenditures, he did not have an objective intent to engage in his own trade or business with the developed technology. Petitioners argue that the Court of Appeals for the Ninth Circuit’s19 opinion in Scoggins v. Commissioner, 46 F.3d 950 (9th Cir. 1995), revg. T.C. Memo. 1991-263, supports their contention that petitioner had a realistic prospect of using the R&D in a future business of his own. The facts in Scoggins are similar to the instant case in some respects. Both cases involve R&D where the person (in Scoggins a partnership) performed the R&D by 18There is no evidence of how much time petitioner devoted to this R&D endeavor. Clearly, petitioner monitored the R&D process via telephone, one visit to Australia, and electronic mail communications. However, petitioners do not allege, and we cannot find, that petitioner’s activities during the time the R&D expenditures were made were sufficient to constitute a trade or business. 19To which this case is appealable.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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