Sprint Corporation and Subsidiaries, f.k.a. United Telecommunications, Inc. - Page 15

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          software was to be made available to Sprint at NTI's then-current           
          price for those features or services.                                       
               Although there were significant limitations on Sprint's                
          rights in the software, under section 8.6 of the sales agreement,           
          Sprint was given the right, upon transfer of title to the digital           
          switch, to assign the license for the software or, upon a lease             
          or other nonpermanent transfer, sublicense the software, provided           
          the assignee or sublicensee agreed in writing to the above terms.           
               Around 1988 or 1989, Sprint effected a trade of title of               
          approximately 30 DMS-100 type digital switches with ConTel Co.,             
          another telephone company.  None of the switches were actually              
          moved, and service to the customers was not interrupted.                    
          Although neither party specifically notified NTI, the trade                 
          received sufficient attention in the industry to give NTI at                
          least constructive notice of the trade.  NTI did not object to              
          the trade.                                                                  
               Respondent determined in the notice of deficiency that the             
          costs of the software are not eligible for either the ITC or                
          accelerated depreciation under the ACRS because (1) Sprint                  
          received a license to use the software rather than owning the               
          software and (2) in any event, the software is not tangible                 
          property.                                                                   
               Sprint acknowledges that the substantial value of encoded              
          programming on software, in general, relates to the programming's           
          conceptual or intangible value, but nonetheless contends that               




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