Microsoft Corporation - Page 24




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                   under this paragraph from being export                             
                   property.                                                          
         (The emphasized portions reflect additions or changes from the               
         language of section 1.993-3(f)(3), Income Tax Regs.)                         
              Following the promulgation of the temporary regulation, the             
         Commissioner issued the following:  (1) PLR 92-100-15 (Mar. 6, 1992)         
         concluded that even though the software therein was not subject to           
         a copyright, the license agreement restricted its use and                    
         reproduction, qualifying it as export property; (2) PLR 93-440-02            
         (May 27, 1993) concluded that a master computer disk provided to             
         distributors, accompanied by a right to reproduce, is not export             
         property; also, “tapes” in the parenthetical refers to audio or              
         video tapes used in the entertainment industry and does not apply            
         to magnetic tapes used in the computer software industry; and (3)            
         TAM 93-44-002 (May 27, 1993) concluded that “computer software               
         conveyed through a licensing agreement that gives the licensee the           
         right to reproduce the software is excluded from the term ‘export            
         property’”.  Also, the technical advice memorandum reflected that            
         the temporary regulation limited the reproduction exclusion of               
         section 927(a)(2)(B) to reproductions used solely in the                     
         entertainment industry, stating, in relevant part:                           
                        The parenthetical exception in section                        
                   927(a)(2)(B) of the Code and section 1.927(a)-                     
                   1T(f)(3) of the regulations, which is identical                    
                   to and based on the parenthetical exception in                     
                   section 993(c)(2)(B) should also be interpreted                    
                   to include only audio or video tapes used in                       
                   the entertainment industry and not magnetic                        
                   computer software tapes.                                           





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