- 55 - research expenditures in developing software operated within the credit, but the House report accompanying ERTA indicated that the credit applied only where the costs were "incurred in developing new or significantly improved programs or routines that cause computers to perform desired tasks (as distinguished from other software costs where the operational feasibility of the program or routine is not seriously in doubt)". H. Rept. 97-201, supra at 114, 1981-2 C.B. at 360. This language was not adopted by the conference report which accompanied ERTA. H. Conf. Rept. 97-215, at 223 (1981), 1981-2 C.B. 481, 495. In 1986, Congress became concerned with the lack of an express statutory definition of qualified research in the R&E credit and of taxpayers' abuse of the credit. The Senate Finance Committee report accompanying the Tax Reform Act of 1986 stated: After reviewing available information and testimony on the actual use of the credit to date, the committee believes that the statutory credit provision should set forth an express definition of qualified research 33(...continued) Congress to apply only to technological discoveries and not historical or other nontechnological research. In Yellow Freight Sys., Inc. & Subs. v. United States, 24 Cl. Ct. 804 (1991), the Court of Federal Claims considered (on a motion for partial summary judgment) whether the taxpayer's development of software programs constituted qualified research under then sec. 44F for 1983 and 1984. That court found that material facts were in dispute, and thus it did not address whether the taxpayer's activities fell within the court's understanding of research and experimentation under sec. 174.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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