- 74 - respect to a product, etc. but are met with respect to one or more elements thereof, the term business component means the most significant set of elements of such product, etc. with respect to which all requirements are met. Thus, the requirements are applied first at the level of the entire product, etc. to be offered for sale, etc. by the taxpayer. If all aspects of such requirements are not met at that level, the test applies at the most significant subset of elements of the product, etc. This "shrinking back" of the product is to continue until either a subset of elements of the product that satisfies the requirements is reached, or the most basic element of the product is reached and such element fails to satisfy the test. Treasury regulations may prescribe rules for applying these rules where a research activity relates to more than one business component. H. Conf. Rept. 99-841 (Vol. II), supra at II-72 through II-73, 1986-3 C.B. (Vol. 4) at 72-73. We conclude that the shrinking back test must be examined on a case-by-case basis to determine which activities are part of the same product or process, and which are so discrete as to warrant a separate evaluation. E. The Innovativeness Test The innovativeness test requires that the software be innovative "as where the software results in a reduction in cost, or improvement in speed, that is substantial and economically significant". Id. at II-73, 1986-3 C.B. (Vol. 4) at 73. The parties disagree over the meaning of the innovativeness test. Respondent contends that the legislative history of section 41 mandates that we require a "high threshold of innovation", the phrase that appears in the House and Senate reports accompanying the TRA 1986, S. Rept. 99-313, at 694-695 (1986), 1986-3 C.B. (Vol.Page: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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