- 20 - 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) (citingPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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