- 119 - Mr. Teixeira reported that by late 1986, the money transfer system used by Norwest, MoneyNet, was being used by 46 of the top 100 U.S. banks. He stated that Norwest's modifications to the system to satisfy regulatory and business requirements were consistent with the changes made by other users of the same system. He found that although the technology may have been new to Norwest, it was not new to the industry. Although a taxpayer's making changes that are being made concurrently by other users of a system does not mean that the taxpayer cannot be engaged in qualified research, Norwest has not demonstrated that any of its work on its money transfer system involved technical risks or a process of experimentation--and thus the activities do not constitute qualified research. There were obvious business risks involved with this project, e.g., failing to implement critical security measures that ensured the safe and sure transfer of funds, but there was no evidence of uncertainty about the ability to complete the project. The project did not involve alternative designs or hypotheses but merely required conducting good coding and eliminating bugs through testing--issues resolved through cookbook approaches and skilled practice, not research and experimentation. F. Cyborg Payroll Dr. McDermott strained to conclude in his rebuttal report that the Cyborg payroll system constituted qualified research. He insisted "it is possible that the process was one of mechanicalPage: Previous 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Next
Last modified: May 25, 2011