Norwest Corporation and Subsidiaries - Page 36

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          because "the intrinsic value of the * * * [taxpayer's] software is          
          attributable to its intangible elements rather than to its tangible         
          embodiments."  Id. at 99-100.  I believe this interpretation of law         
          is correct; thus, I would continue to follow it, notwithstanding            
          Comshare.                                                                   
          IV.  Computer Software Is Different From Master Film Negatives and          
          Seismic Data Tapes                                                          
               As noted in Ronnen v. Commissioner, supra, and as it appears           
          clear to me today, computer software is distinguishable from the            
          master film negatives in Walt Disney Prods. v. United States, 480           
          F.2d 66 (9th Cir. 1973), and 549 F.2d 576 (9th Cir. 1976), and the          
          seismic data tapes and films in Texas Instruments.  In those cases,         
          the tapes and films contained original recordings of physical               
          events that could never be perfectly duplicated or repeated.  As            
          noted by the Court of Appeals for the Fifth Circuit in Texas                
          Instruments, if the original recordings were destroyed prior to             
          reproduction, the information stored thereon would also be lost.            
          Because the seismic data recordings (in Texas Instruments) and the          
          motion picture negatives (in Disney) could never be perfectly               
          recreated if the originals were destroyed or lost, those courts             
          held the intangible information was inextricably bound to its               
          tangible medium.  But as preliminarily noted, no such relationship          
          exists between a computer program and the magnetic tape or disks            
          upon which the computer program is stored.                                  







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