Sprint Corporation and Subsidiaries, f.k.a. United Telecommunications, Inc. - Page 20

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          the notice of deficiency, respondent disallowed that portion of             
          the claimed investment tax credits and accelerated depreciation             
          deductions relating to the costs of the software loads.                     
               The parties agree that, if this Court determines that                  
          petitioner owned the software loads in issue and that those                 
          software loads constitute tangible personal property, petitioner            
          is entitled to the claimed investment tax credits and accelerated           
          depreciation deductions.  We conclude that petitioner owned the             
          software loads in issue and that those software loads constitute            
          tangible personal property.  Therefore, we hold that petitioner             
          is entitled to the claimed credits and deductions.                          
               B.  Analysis                                                           
               Today, in Norwest Corp. & Subs. v. Commissioner, 108 T.C.              
          ___, ___ (1997) (slip op. at 27), we decided that operating and             
          applications software that was subject to license agreements                
          entitling the taxpayer to use the software on a nonexclusive,               
          nontransferable basis for an indefinite or perpetual term                   
          qualifies for the ITC as tangible personal property.  In holding            
          that the taxpayer's acquisition of the software without any                 
          associated, exclusive, intangible intellectual property rights              
          was precisely the type of investment Congress intended to                   
          encourage in enacting the ITC, we noted that “[i]ntangible                  
          intellectual property rights and the tangible or physical                   
          manifestations or embodiments of those rights are distinct                  
          property interests.”  Id. at ___-___ (slip op. at 26-27) (citing            




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