- 34 -                                         
          subsequent transfer to the computer, the intellectual property              
          becomes dually housed: (1) On the disk or tape, and (2) on the              
          computer.  Moreover, an unlimited number of mirror-image transfers          
          of the computer program can occur; the computer program can even be         
          mirror-image transferred from one disk or tape to another.                  
               A computer program can be transferred electronically over              
          telephone lines, although during the years in issue, telephonic             
          transmission was slow and unreliable.  A computer program can be            
          erased from the disk or tape and typed in exactly anew by                   
          programmers from written documentation of the source code without           
          destroying the underlying intellectual property. Clearly, a                 
          computer program is not inextricably bound to any single tangible           
          medium.                                                                     
          II.  Case Law                                                               
               Beginning in 1988, this Court held in Ronnen v. Commissioner,          
          90 T.C. 74, that computer software is intangible personal property.         
          We have steadfastly applied this characterization in other cases.           
          See Kansas City S. Indus., Inc. v. Commissioner, 98 T.C. 242, 262           
          (1992); Alexander v. Commissioner, 95 T.C. 467, 470 (1990), affd.           
          without published opinion sub nom. Stell v. Commissioner, 999 F.2d          
          544 (9th Cir. 1993); Gantner v. Commissioner, 91 T.C. 713, 728              
          (1988), affd. on other grounds 905 F.2d 241 (8th Cir. 1990); B.D.           
          Morgan & Co. v. Commissioner, T.C. Memo. 1988-569; Smith v.                 
          Commissioner, T.C. Memo. 1988-420;  Salzman v. Commissioner, T.C.           
          Memo. 1988-86.                                                              
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