- 61 - research and development costs "in the experimental or laboratory sense". Sec. 1.174-2(a)(1), Income Tax Regs. The regulations further provide: Expenditures represent research and development costs in the experimental or laboratory sense if they are for activities intended to discover information that would eliminate uncertainty concerning the development or improvement of a product. Uncertainty exists if the information available to the taxpayer does not establish the capability or method for developing or improving the product or the appropriate design of the product. Whether expenditures qualify as research or experimental expenditures depends on the nature of the activity to which the expenditures relate, not the nature of the product or improvement being developed or the level of technological advancement the product or improvement represents. T.D. 8562, 1994-2 C.B. 30, 31.36 "Product" refers to any pilot, model, process, formula, invention, technique, patent, or similar property. Sec. 1.174-2(a)(2), Income Tax Regs. On brief, respondent concedes that the expenditures associated with all eight of the sample internal use software activities "may be treated as expenses under I.R.C. � 174" (emphasis added), the language used in section 41(d)(1)(A). Respondent asserts that it is the Commissioner's policy not to disturb a taxpayer's method of accounting with regard to computer software expenditures if the 36 The 1994 regulations under sec. 174 are effective for all taxable years after Oct. 3, 1994. Because the amendments provided in the 1994 regulations only clarify the definition of research or experimental expenditures, retroactivity was unnecessary. 59 Fed. Reg. 50159, 50160 (Oct. 3, 1994).Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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