- 27 - 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”.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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