- 14 - 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 “intrinsicPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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