-397- deficiency for 1979 attributable to the disallowance of a loss of $311,478 the Kanters claimed from Immunological Research Corp. (IRC), an S corporation in which the Kanters held an interest through grantor trusts (i.e., the Pillpoppers Trusts). Respondent determined that IRC was not entitled to a research and development expense of $980,000 or various other business expenses it reported for 1979. FINDINGS OF FACT The facts underlying this issue were also considered by this Court in Estate of Cook v. Commissioner, T.C. Memo. 1993-581,155 which involved another shareholder in IRC. In Estate of Cook, the Court sustained the Commissioner’s disallowance of research and experimentation expenses under section 174(a), as well as similar expenses claimed by two other subchapter S corporations, Antiviral Research Corp. (ARC) and Biological Research Corp. (BRC), that were engaged in the same activity. Kanter was not a stockholder in ARC or BRC. In the instant case, the parties stipulated to the record of Estate of Cook except as to those portions of the record relating to the other two subchapter S corporations. 155 The decision the Court entered at docket No. 9533-87, in accordance with its Memorandum Opinion in Estate of Cook v. Commissioner, T.C. Memo. 1993-581, was not appealed and is final. See secs. 7481(a)(1), 7483.Page: Previous 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 Next
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