108 T.C. No. 18 UNITED STATES TAX COURT NORWEST CORPORATION AND SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 13908-92. Filed April 30, 1997. P purchased operating and applications software for use in its banking and related businesses. The software was acquired subject to license agreements that entitled P to use the software on a nonexclusive, nontransferable basis for an indefinite or perpetual term. P did not purchase any exclusive copyright rights or other intellectual property rights underlying any of the software in issue and was not permitted to reproduce the software outside P's affiliated group. Held: The computer software acquired by P is tangible personal property eligible for the investment tax credit. The intrinsic value test set forth in Texas Instruments, Inc. v. United States, 551 F.2d 599 (5th Cir. 1977), and adopted by this Court in Ronnen v. Commissioner, 90 T.C. 74 (1988), is not applied to the computer software in issue. The test of tangibility in Comshare, Inc. v. United States, 27 F.3d 1142 (6th Cir. 1994), is not adopted.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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