Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 346

                                                -405-                                                   
                  capital account.  The expenditures so treated shall be                                
                  allowed as a deduction.                                                               
            Section 174(a)(1) applies to expenditures paid or incurred by a                             
            taxpayer for research or experimentation undertaken directly by a                           
            taxpayer or to expenditures paid or incurred by a taxpayer for                              
            research or experimentation carried on by another person or                                 
            entity on the taxpayer’s behalf.  Sec. 1.174-2(a)(8), Income Tax                            
            Regs.                                                                                       
                  To be entitled to deductions for research and experimental                            
            expenditures, a taxpayer is not required to currently produce or                            
            sell any product.  Moreover, a taxpayer need not be currently                               
            engaged in a trade or business in order to qualify for such                                 
            deductions.  Snow v. Commissioner, 416 U.S. 500, 503-504 (1974).                            
            Nevertheless, in Green v. Commissioner, 83 T.C. 667, 686-687                                
            (1984), the Court stated:                                                                   
                  For section 174 to apply, the taxpayer must still be                                  
                  engaged in a trade or business at some time, and * * *                                
                  [the Court] must still determine, through an                                          
                  examination of the facts of each case, whether the                                    
                  taxpayer’s activities in connection with a product are                                
                  sufficiently substantial and regular to constitute a                                  
                  trade or business for purposes of such section. [Fn.                                  
                  ref. and citations omitted.]                                                          
                  A taxpayer must be more than a mere investor to be entitled                           
            to deductions for research and experimental expenditures under                              
            section 174.  Id. at 688-689; see also Levin v. Commissioner, 87                            
            T.C. 698, 725-726 (1986), affd. 832 F.2d 403 (7th Cir. 1987).  In                           
            the case of an entity claiming deductions under section 174, the                            






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