Norwest Corporation and Subsidiaries - Page 81

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          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.               





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