Sprint Corporation and Subsidiaries, f.k.a. United Telecommunications, Inc. - Page 40

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          tapes were inextricably connected.  The intangible information              
          could not exist without the tangible medium.  See Bank of Vermont           
          v. United States, 61 AFTR 2d 88-788, at 88-790, 88-1 USTC par.              
          9169, at 83,250 (D. Vt. 1988).  Thus, the subject property was              
          the tape that contained the seismic data.  In Comshare, the court           
          found that the source code was the subject property, but like the           
          seismic data in Texas Instruments, that it could not exist                  
          without the disks upon which it was stored.  Thus, there the                
          subject property was the unit consisting of the tapes and disks             
          which contained the source code.  In Ronnen v. Commissioner,                
          supra, the subject property was the source code.  We did not find           
          the same "inextricable connection" that existed between the                 
          seismic data and tapes in Texas Instruments.  We instead found              
          that the disks containing the source code were but one type of              
          conduit for the ideas contained on it.  In Rev. Rul. 80-327,                
          supra, plates to print books were purchased with the copyright              
          rights to reproduce and sell copies of the books.  The physical             
          plates containing the creative work product were the subject                
          property (while the copyright rights were analyzed separately).             
               In this case, the subject property is the source code.                 
          Sprint paid a fixed amount for the right to one working copy of             
          that software.  There was not simply one embodiment of the                  
          software (as was the case in Comshare).  Rather, the intellectual           
          property existed in more than one locale, and Sprint purchased              
          the right to use, or possess, a working copy of that intellectual           




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