-414- Indeed, in his testimony, Kanter could not elaborate or describe what realistic prospects IRC would have of exploiting commercially the technology being developed. In view of the broad scope of the existing and potential patent rights Newport and Sloan-Kettering held, it is difficult to believe that a third party, such as a major pharmaceutical company, would want to license from IRC the know-how on NPT-15392 to further develop that technology. On the basis of the foregoing, the Court holds the Kanters are not entitled to a deduction under section 174 for 1979 with respect to IRC’s claimed research and development expense. See Spellman v. Commissioner, 845 F.2d 148 (7th Cir. 1988), affg. T.C. Memo. 1986-403; Diamond v. Commissioner, 92 T.C. 423 (1989), 159(...continued) would likely exercise if the research turned sour, or the “call” agreement that allowed Newport to buy the IRC stock, which likely would occur if the development of the technology proved to be successful. The Court also noted that all of the Schedules 10-K filed by Newport with the Securities and Exchange Commission, pursuant to sec. 13 or 15(d) of the Securities Exchange Act of 1934, as amended, described the research agreement, as entered into with IRC, as being more in the nature of an investment than a licensing of the technology. The Court further noted that, even if IRC acquired the technology from Newport, there was no showing that IRC had the resources to devote to the exploitation of the technology, nor was there any obligation on the part of IRC to compel or require capital contributions from its stockholders. The Court concluded the investments in IRC were nothing more than an investment in Newport that was structured to allow the investors in IRC a deduction for their $980,000 investment through purported research and experimental deductions that would not have been available had the investment been made directly in Newport.Page: Previous 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 Next
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