Norwest Corporation and Subsidiaries - Page 41

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                    the Sixth Circuit's test if the Government                        
                    could prove that the information underlying                       
                    the complex patent could be transferred via                       
                    electronic transmission over telephone lines                      
                    and that the purchaser could use the                              
                    information in that form without receiving a                      
                    disk, tape, or document. We believe that the                      
                    characterization of property for purposes of                      
                    the ITC should not depend on the capacity or                      
                    reliability of "'affordable communications                        
                    technology'" at the time of transfer.  Cf.                        
                    Comshare, Inc. v. United States, supra at                         
                    1143-1144     (suggesting    the     contrary                     
                    conclusion).  [Majority op. pp. 24-25.]                           
          Only in this regard, I agree with the majority.                             
          VII.  Apply Doctrine of Stare Decisis                                       
               To conclude, I would apply the doctrine of stare decisis in            
          this case.  Except for the court in Comshare, no other court has            
          found that computer software is eligible for the investment tax             
          credit and/or accelerated depreciation deduction.  I find no                
          compelling reason in the instant setting to depart from the view            
          that computer software does not qualify for the investment tax              
          credit, especially when because of firmly established jurisprudence         
          taxpayers (other than petitioner) have refrained from claiming an           
          investment tax credit with respect to computer software purchases.          
               COHEN, CHABOT, GERBER, and LARO, JJ., agree with this dissent.         













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