Norwest Corporation and Subsidiaries - Page 14

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          homes with regulatory reporting requirements.  See Ronnen v.                
          Commissioner, supra at 75-77.  The corporation received, among              
          other things, copies of the computer program and the right to               
          commercially exploit the program in a particular territory.  See            
          id. at 82-83.  The master source tape was held by the seller for            
          security reasons and was available to HSL on an as-needed basis.            
          Id. at 83.                                                                  
               This Court found inapplicable the series of cases in the               
          Ninth Circuit holding that certain master sound recordings and              
          motion picture negatives were tangible personal property eligible           
          for the ITC.  We distinguished the master negatives in the Disney           
          line of cases by stating, “HSL's software was not a ‘capital                
          asset’ used to create copies.  In fact, HSL was not in possession           
          of the master tape.”  Id. at 98.  This Court then turned to the             
          Fifth Circuit's analysis in Texas Instruments, Inc. v. United               
          States, supra.  This Court stated:                                          
                    The Internal Revenue Service took the position                    
               that the investment was in the cost of the intangible,                 
               the seismic data, and not in the tangible films and                    
               tapes.  The Fifth Circuit interpreted the Internal                     
               Revenue Service's argument to suggest “that property is                
               intangible if its intrinsic value is attributable to                   
               its intangible elements rather than to any of its                      
               specific tangible embodiments.”  Based on this                         
               “intrisic value” [sic] test, the court held that the                   
               taxpayer's investment in the information was an                        
               investment in tangible property because “the value of                  
               the seismic data was totally dependent upon the                        
               existence of the tapes and films.  If the tapes and                    
               film were destroyed prior to any reproduction, nothing                 
               would remain.  An investment in the data simply does                   
               not exist without recording of the data on tangible                    
               property.”  In looking at the property's “intrinsic                    




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