- 108 - Petitioner argues that Norwest, Bank One, and EDS were "development partners" in the SBS project, noting that this was how Mr. Teixeira characterized the relationship of the three entities in the Am. Banker article. Further, petitioner contends that the language of the regulations anticipates no more than this type of relationship where each entity shares in responsibilities and the rights to use the software upon completion of development. We agree with petitioner that Norwest had a right to the research results within the meaning of section 1.41-2(e)(2)(ii) and (3), Income Tax Regs. The regulations provide that a contractor may obtain the R&E credit if it retains "substantial rights" in the research. Sec. 1.41-2(a)(3)(ii), Income Tax Regs. A taxpayer does not retain substantial rights in the research if the taxpayer must pay for the right to use the results of the research. Sec. 1.41-5(d)(3)(i), Income Tax Regs. (applying to the pre-1986 version of the R&E credit but cross-referenced by section 1.41-2(a)(3), Income Tax Regs.). We believe that the right to use the results of the research without paying for that right is at least a right to the research results as that term is applied in section 1.41- 2(e)(2)(ii), Income Tax Regs.--although it may or may not constitute "substantial rights in the research" within the purview of the regulations. Norwest retained a right to the research results in this case through its perpetual license from EDS, the contractor, to use thePage: Previous 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Next
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