- 107 - 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.Page: Previous 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Next
Last modified: May 25, 2011