- 72 - the use of a structured process of experimentation through the continuous development of hypotheses that require testing and analysis until the method for reaching the objective is discovered. Congress did not specify that any particular number of hypotheses be developed by the taxpayer, but the more hypotheses that are developed, tested, and analyzed, the more likely the project will satisfy the process of experimentation test. This test also requires that "substantially all" of the activities constitute elements of a process of experimentation. This requirement raises two questions: (1) What does the term "substantially all" mean? and (2) what activities come within the elements of a process of experimentation? Respondent contends that "substantially all" means at least 80 percent, referring to section 1.41-2(d)(2), Income Tax Regs., which defines the term "substantially all" with respect to qualified wages under section 41 as meaning at least 80 percent of the wages paid or incurred by the taxpayer for the employee. Petitioner does not dispute respondent's proposed 80-percent test. We agree with respondent and hold that in the context of section 41, the term "substantially all" refers to at least 80 percent of the activities that constitute elements of a process of experimentation. This interpretation is consistent with thePage: Previous 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Next
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