-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 thePage: Previous 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 Next
Last modified: May 25, 2011