Norwest Corporation and Subsidiaries - Page 18

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          if the taxpayer has a right to the research results.  Qualified             
          research can be performed on behalf of the taxpayer notwithstanding         
          the fact that the taxpayer does not have exclusive rights to the            
          results."                                                                   
               Under the Participant License Agreement between Norwest and            
          EDS executed on December 16, 1986, the SBS system and each release          
          of that system were the property of EDS, except that Norwest was            
          entitled to a "perpetual, nontransferable, nonexclusive, and * * *          
          royalty-free license to use the [SBS system]".  The license to use          
          the SBS system was subject to several conditions, and the failure           
          of Norwest to adhere to those conditions gave EDS the right to              
          revoke the license if the noncompliance was not cured within 10             
          days.  The license was later extended to permit Norwest to use SBS          
          in providing banking services to nonaffiliated financial                    
          institutions.                                                               
               Respondent contends that this limited license to use the               
          software is not sufficient as a "right to the research results" to          
          warrant the treatment of EDS as a contractor of qualified research.         
          Respondent differentiates between research results and the final            
          product and argues that had EDS failed to deliver a product,                
          Norwest would have been entitled to nothing.  Respondent asserts            
          that if research results and the final product are synonymous, then         
          the term "research results" would be rendered meaningless and               
          every time a person purchased a product, the purchaser might be             
          entitled to a qualifying research credit under section 41.                  



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