Norwest Corporation and Subsidiaries - Page 101

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          3) 1, 694-695; H. Rept. 99-426, at 178 (1986), 1986-3 C.B. (Vol. 2)         
          1, 178, and as used by the Department of the Treasury in its                
          proposed regulations, section 1.41-4(e)(6), Proposed Income Tax             
          Regs., 62 Fed. Reg. 83 (Jan. 2, 1997).  Further, respondent asserts         
          that we should read this and the other internal use software tests          
          narrowly inasmuch as they are exceptions to the general rule that           
          internal use software activities are not eligible for the R&E               
          credit.  Sec. 41(d)(4)(E).                                                  
               Petitioner argues that the language in the innovativeness test         
          is straightforward and that we should focus on its plain meaning.           
          Petitioner analyzes the meaning of "substantial" and "significant"          
          to reach the conclusion that these words connote a range of 5- to           
          20-percent improvement in the product or process.  In support of            
          this conclusion, petitioner cites several statutes, regulations,            
          and Nabisco Brands, Inc. & Consol. Subs. v. Commissioner, T.C.              
          Memo. 1995-127 (applying 25 percent in the context of section               
          1253(b)(2) and discussing the various statutes and regulations              
          which define the term "substantial").                                       
               We do not believe that quantifying by way of a percentage that         
          which is "substantial" and "significant" will materially assist us          
          in determining whether the innovativeness test is satisfied.                
          Suffice it to say, the extent of the improvements required by               
          Congress with respect to internal use software is much greater than         
          that required in other fields.  The business component test (the            
          third of the seven tests, which applies to all research and                 



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