Norwest Corporation and Subsidiaries - Page 33

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          trial and error rather than true research."  However, he refused to         
          concede that this project did not qualify.  Elsewhere, Dr.                  
          McDermott appeared to regard as significant the use of the arcane           
          report writer language of the Cyborg payroll system, as well as the         
          "heroic efforts" of NTS to sustain this "increasingly inadequate"           
          system.                                                                     
               Dr. Davis classified the task of maintaining and enhancing the         
          payroll system as "one of the oldest and most familiar in                   
          information technology".  He found that everything performed by NTS         
          was routine and well within industry practice.                              
               Mr. Teixeira also found NTS' efforts entirely routine and              
          noted that the functionality added to Cyborg already existed at             
          every other major U.S. bank.                                                
               The Cyborg payroll system activities clearly do not fall               
          within the realm of qualified research.  Dr. McDermott stated that          
          the key issue "was how long the system could be made to survive".           
          Cyborg was an outdated system.  It is evident that the goal of NTS          
          was not to advance the principles of computer science, but rather           
          was to maintain a 1970's system running into the early 1990's.  It          
          was this type of activity that Congress had in mind when it sought          
          to narrow the definition of qualified research and expressed its            
          concern that taxpayers were claiming the R&E credit even though             
          they were not engaged in high technology activities.  See S. Rept.          
          99-313, at 694-695 (1986), 1986-3 C.B. (Vol. 3) 1, 694-695; H.              
          Rept. 99-426, at 178 (1985), 1986-3 C.B. (Vol. 2) 1, 178.  Heroic           



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