Norwest Corporation and Subsidiaries - Page 102

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          experimentation under section 41) requires only a "new or improved"         
          function, whereas the innovativeness test (which applies only to            
          internal use software development) requires change "that is                 
          substantial and economically significant".  H. Conf. Rept. 99-841           
          (Vol. II), supra at II-73, 1986-3 C.B. (Vol. 4) at 73 (emphasis             
          added). We therefore agree with respondent that only a "high                
          threshold of innovativeness" will satisfy this requirement.                 
               F.  The Significant Economic Risk Test                                 
               The significant economic risk test requires that the software          
          development involve significant economic risk "as where the                 
          taxpayer commits substantial resources to the development and also          
          there is substantial uncertainty, because of technical risk, that           
          such resources would not be recovered within a reasonable period".          
          Id.  Petitioner contends that the significant economic risk test            
          requires that only a 20-percent risk need exist, because of                 
          technical uncertainty, to prevent the taxpayer from recovering its          
          investment within a reasonable period of time.  Petitioner reaches          
          this conclusion on the basis of the same analysis it used with              
          respect to the innovativeness test.  Respondent, on the other hand,         
          emphasizes the magnitude of the technical risk as a key factor in           
          analyzing the internal use activities under this test.                      
               Again, we find significant Congress' requirement of a                  
          substantial uncertainty.  In both the contexts of the regulations           
          under section 174 and the explanation of the  process  of                   
          experimentation test provided in the conference report accompanying         



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