Norwest Corporation and Subsidiaries - Page 87

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          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).                     





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