Norwest Corporation and Subsidiaries - Page 83

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               In the conference report accompanying the TRA 1986, the                
          conferees gave the Department of the Treasury responsibility for            
          promulgating regulations relating to the application of section 41          
          to research with respect to the development of internal use                 
          software.  In this regard, the conferees stated:                            
                    The conferees intend that these regulations will                  
               make the costs of new or improved internal-use software                
               eligible for the credit only if the taxpayer can                       
               establish, in addition to satisfying the general                       
               requirements for credit eligibility, (1) that the                      
               software is innovative (as where the software results in               
               a reduction in cost, or improvement in speed, that is                  
               substantial and economically significant); (2) that the                
               software development involves significant economic risk                
               (as where the taxpayer commits substantial resources to                
               the development and also there is substantial                          
               uncertainty, because of technical risk, that such                      
               resources would be recovered within a reasonable period);              
               and (3) that the software is not commercially available                
               for use by the taxpayer (as where the software cannot be               
               purchased, leased, or licensed and used for the intended               
               purpose without modifications that would satisfy the                   
               first two requirements just stated).  The conferees                    
               intend that these regulations are to apply as of the                   
               effective date of the new specific rule relating to                    
               internal-use software; i.e., internal-use  computer                    
               software costs that qualify under the three-part test set              
               forth in this paragraph are eligible for the research                  
               credit even if incurred prior to issuance of such final                
               regulations.                                                           
          Id. at II-73 through II-74, 1986-3 C.B. (Vol. 4) at 73-74.                  
          Congress provided that these rules would be effective to guide              
          taxpayers until the Department of the Treasury issues regulations           
          pursuant to the quoted language.  The Department of the Treasury            
          issued proposed regulations with respect to the R&E credit for              







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