Norwest Corporation and Subsidiaries - Page 99

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          existing definition of "substantially all" in the regulations under         
          section 41 with respect to qualified wages.                                 
               Congress indicated in the conference report accompanying the           
          TRA 1986 those elements which constitute a process of                       
          experimentation. They include the developing, testing, and                  
          analyzing of hypotheses.  They do not include activities performed          
          after commercial production or implementation or otherwise set              
          forth in section 41(d)(4).  See H. Conf. Rept. 99-841 (Vol. II),            
          supra at II-72, 1986-3 C.B. (Vol. 4) at 72.  However, in the case           
          of internal use software, exceptions are made for the modifications         
          of commercially available software.  See infra.                             
               Thus, at least 80 percent of the activities engaged in by a            
          taxpayer with respect to the preproduction or implementation                
          development of a product must involve the development, testing, and         
          analysis of hypotheses that are designed to eliminate technical             
          uncertainty as to the development of that product.  This then               
          raises the issue of which activities in a project are to be                 
          examined together and which are to be examined separately for               
          purposes of section 41.  Congress has provided us with some                 
          guidance in a so-called shrinking back test:                                
                    The term business component means a product,                      
               process, computer software, technique, formula, or                     
               invention that is to be held for sale, lease, or license,              
               or is to be used by the taxpayer in a trade or business                
               of a taxpayer.  If the requirements described * * * [in                
               the first four tests under section 41] are not met with                






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