- 15 - 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 thatPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011