-404- of anything that could be commercially exploited in a trade or business.” The Court surmised that virtually anything Newport developed would constitute a “Patent Right”, and, if so, the ownership of such improvement or technology would not be owned by IRC. There were other facts the Court discussed to support the conclusion IRC was not engaged in a trade or business and did not have the capability to engage in a trade or business. These other findings are not seriously challenged by Kanter in the instant cases, and the Court does not consider it necessary to discuss those factors here. Kanter was the only witness for petitioners with respect to this issue. No documentary evidence was presented to corroborate Kanter’s testimony. Kanter’s testimony was directed toward establishing that there were certain rights or the ownership of technology that IRC could acquire from the licensing agreement with Newport that would not fall within the umbrella of the “Patent Rights” exception existing in favor of Sloan-Kettering. OPINION A. Trade or Business Requirement of Section 174 Section 174(a)(1) provides: A taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable toPage: Previous 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 Next
Last modified: May 25, 2011