Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 350

                                                -409-                                                   
            instant cases and could be considered in resolving the IRC issues                           
            for 1979.  The Court does not construe the parties’ stipulation                             
            to limit the evidence here to only those portions of the Estate                             
            of Cook evidentiary record that petitioners, in their sole                                  
            opinion, considered “relevant” to IRC and Kanter.                                           
                  On this record, respondent has established that Kanter is                             
            not entitled to deduct research and development expenses for 1979                           
            under section 174(a).  The evidence establishes that there was no                           
            realistic prospect of IRC’s entering into a trade or business to                            
            exploit the technology relating to the NPT-15392 compound being                             
            developed under the IRC-Newport research/licensing agreement.                               
            Simply put, there was little, if anything, IRC could acquire from                           
            the deal since virtually anything that Newport developed would                              
            almost certainly be a patentable property right that could not be                           
            owned by IRC.                                                                               
                  As this Court previously noted in Estate of Cook v.                                   
            Commissioner, T.C. Memo. 1993-581:  (1) The broad definition of                             
            the term “patent rights”, as defined in the March 28, 1978,                                 
            agreement between Newport and Sloan-Kettering, made it virtually                            
            impossible for IRC to acquire ownership of anything that could be                           
            commercially exploited in a trade or business; (2) the existence                            
            of the IRC Shareholders-Newport put/call agreement made it                                  
            extremely unlikely IRC would ever be able to use, in a trade or                             
            business, the research Newport conducted because (a) if the                                 






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