- 54 - 358, and to "encourage business firms to perform the research necessary to increase the innovative qualities and efficiency of the U.S. economy", S. Rept. 99-313, at 694 (1986), 1986-3 C.B. (Vol. 3) 1, 694; H. Rept. 99-426, at 177 (1985), 1986-3 C.B. (Vol. 2) 1, 177. ERTA adopted the definitions of "research" and "experimentation" as those terms are generally defined under section 174. ERTA sec. 221(a).33 ERTA failed to address how 33 ERTA sec. 221(a) defined qualified research as follows: For purposes of this section the term "qualified research" has the same meaning as the term research or experimental has under section 174, except that such term shall not include-- (1) qualified research conducted outside of the United States, (2) qualified research in the social sciences or humanities, and (3) qualified research to the extent funded by any grant, contract, or otherwise by another person (or any governmental entity). In TSR, Inc. & Sub. v. Commissioner, 96 T.C. 903 (1991), we considered a taxpayer's claim to the R&E credit under then sec. 44F for 1981. The taxpayer, a manufacturer of historical and fantasy games, sought the credit for its historical research into the development of the games. In considering the taxpayer's claim, we applied the plain meaning to the terms "experimental" ("relating to, or based on [experiment]") and "laboratory" ("a place devoted to experimental study in any branch of natural science or to the application of scientific principles in testing and analysis"). We ultimately rejected the taxpayer's claim because we found that the R&E credit was originally intended by (continued...)Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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