Norwest Corporation and Subsidiaries - Page 35

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               The Court of Appeals for the Sixth Circuit in Comshare, Inc.           
          v. United States, supra, reached a result different from ours in            
          Ronnen and its progeny.  The court in Comshare held that tapes and          
          disks containing computer program master source codes are tangible          
          personal property; consequently, the purchaser of the tapes and             
          disks was entitled to investment tax credits and accelerated                
          depreciation deductions calculated on the full investment.                  
              A discussion of the case law in this area is set forth in the          
          majority opinion pp. 12-18; no useful purpose would be served by            
          repeating it here.                                                          
          III.  Intrinsic Value Test                                                  
               The intrinsic value test, which the majority criticizes, is a          
          facts and circumstances test first enunciated by the U.S. Court of          
          Appeals for the Fifth Circuit in Texas Instruments, Inc. v. United          
          States, 551 F.2d 599 (5th Cir. 1977).  In applying the intrinsic            
          value test, one compares the investment in the intangible aspects           
          of the property being characterized (here, the software program; in         
          Texas Instruments, the seismic data) with the investment in the             
          tangible embodiments (here, the tapes and disks; in Texas                   
          Instruments, the film and tapes).  After making the comparison, if          
          the property's  "intrinsic value is attributable to its intangible          
          elements rather than to any of its specific tangible embodiments",          
          the property is considered intangible.  Id. at 609.                         
               We adopted the intrinsic value test in Ronnen v. Commissioner,         
          supra, and held that computer software is intangible property               




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