Norwest Corporation and Subsidiaries - Page 27

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          property is not intended to be defined narrowly here”.9  That               
          explicit legislative intent to define broadly the term “tangible            
          personal property” suggests that the term may encompass all                 
          personal property that is not intangible property in the narrow,            
          traditional sense; i.e., rights and obligations created by law.             
          Cf. Goldman, Comment, “From Gaius to Gates:  Can Civilian                   
          Concepts Survive the Age of Technology?”, 42 Loy. L. Rev. 147,              
          166 (1996) (defining incorporeals as legal rights and                       
          obligations, and corporeals as that which is not incorporeal).              
               Intangible intellectual property rights and the tangible or            
          physical manifestations or embodiments of those rights are                  
          distinct property interests.  See, e.g., 17 U.S.C. sec. 202                 
          (1994) (ownership of copyright distinct from ownership of any               
          material object in which work is embodied).  A purchaser of a               
          particular tangible manifestation or embodiment of intellectual             
          property acquires only property rights in that manifestation or             
          embodiment and does not acquire any rights to the underlying                
          intellectual property.  In this case, petitioner acquired                   
          copyrighted articles and did not acquire any of the underlying,             
          exclusive copyright rights.  Cf. sec. 1.861-18, Proposed Income             

          9    Some have suggested that the expansive definition of the               
          term “tangible personal property” applies only in relation to               
          fixtures or other items regarded as real property for certain               
          purposes under local law because the examples presented in S.               
          Rept. 1881, 87th Cong., 2d Sess. (1962), 1962-3 C.B. 703, 722,              
          address such property.  The examples illustrate the adjective               
          “personal” in the term “tangible personal property” and do not              
          foreclose a broad interpretation of the adjective “tangible”.               




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