- 110 - participant agreements between Norwest and Bank One, and Norwest and EDS, are void of any reference to such a contingency. Had Norwest been dissatisfied with a development milestone, it could have terminated the agreements at that point and taken the SBS release as it then existed--but Norwest could not have recovered the payments it had already made. Thus, the requirements of section 1.41-2(e)(2)(iii), Income Tax Regs., are satisfied. We hold that the expenses paid or incurred by Norwest in the development of the SBS customer module constitute qualified research under section 41. The only remaining issue then is which expenses of EDS and Norwest in the SBS customer module project constitute qualified research. In this regard, respondent contends that Norwest's installation and customization activities, and the subsequent testing after it received the releases of SBS from EDS, do not constitute qualified research. Respondent specifically relies on section 41(d)(4)(D)(v), which excludes from qualified research any routine or ordinary testing or inspection for quality control. Respondent asserts that installation and customization, and the testing activities related to those processes, are routine or ordinary testing procedures in the software field and thus must be excluded from qualified research. While respondent's characterizations may be accurate in some contexts, they are not accurate in the context of the SBS project. The customer module's unique feature was its ability to interact with other modules to permit the easy sharing of data andPage: Previous 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Next
Last modified: May 25, 2011