Norwest Corporation and Subsidiaries - Page 10

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          Inc. v. United States, 551 F.2d 599 (5th Cir. 1977).  We adopted            
          the intrinsic value test in Ronnen v. Commissioner, 90 T.C. 74              
          (1988), and held that the computer software in issue in that case           
          was intangible property for purposes of the ITC.  Petitioner                
          argues that Ronnen and its progeny are distinguishable from the             
          present case and finds support for its position that computer               
          software is tangible personal property in a more recent decision            
          of the Court of Appeals for the Sixth Circuit (the Sixth                    
          Circuit), Comshare, Inc. v. United States, 27 F.3d 1142 (6th Cir.           
          1994).  In Comshare, the court adopted an interpretation of the             
          intrinsic value test seemingly different from our own and held              
          that a computer program's master source code embodied in magnetic           
          tapes and disks constituted tangible personal property for                  
          purposes of the ITC.  Petitioner argues that the rationale in               
          Comshare is the better one as it stems from and is supported by             
          the approach of the Fifth Circuit in Texas Instruments and by the           
          approach of the Court of Appeals for the Ninth Circuit (the Ninth           
          Circuit) in a series of cases holding that certain master sound             
          recordings and motion picture negatives were tangible personal              
          property eligible for the investment tax credit (Disney line of             
          cases).  See EMI N. Am. Holdings, Inc. v. United States, 675 F.2d           
          1068 (9th Cir. 1982); Bing Crosby Prods., Inc. v. United States,            
          588 F.2d 1293 (9th Cir. 1979); Walt Disney Prods. v. United                 
          States, 549 F.2d 576 (9th Cir. 1976); Walt Disney Prods. v.                 
          United States, 480 F.2d 66 (9th Cir. 1973).                                 




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