Norwest Corporation and Subsidiaries - Page 29

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          the nature of the taxpayer’s ownership rights with respect to the           
          software items in issue in both Kansas City S. Indus., Inc. v.              
          Commissioner, 98 T.C. 242 (1992), and Gantner v. Commissioner, 91           
          T.C. 713 (1988), because we relied on Ronnen.  Those cases also             
          must be read in light of the analysis we adopt today.                       


          III.    Conclusion                                                          
               Petitioner's software expenditures during the years in issue           
          qualify for the ITC.                                                        

                                                       An appropriate order           
                                                  will be issued.                     

          Reviewed by the Court.                                                      
               SWIFT, WELLS, RUWE, WHALEN, COLVIN, BEGHE, VASQUEZ, and                
          GALE, JJ., agree with this majority opinion.                                
               CHIECHI, J., did not participate in the consideration of               
          this opinion.                                                               

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