Norwest Corporation and Subsidiaries - Page 104

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          4.  Summary of Internal Use Software Requirements Under the Seven           
          Tests                                                                       

               The higher threshold of technological advancement and                  
          functional improvement in the development of internal use software          
          vis-a-vis other fields of research is consistent with the general           
          rule that qualified research under section 41 excludes internal use         
          software development.  Sec. 41(d)(4)(E).  Although the reasons for          
          such discrimination are not readily apparent, they nonetheless do           
          exist. The conclusion we draw from these higher threshold                   
          requirements is that Congress sought to limit the development of            
          internal use software under section 41 only to those endeavors that         
          ventured into uncharted territory.39  We are mindful, however, that         

               39   We recognize that commentators to the 1983 and 1989               
          proposed regulations under sec. 174 were concerned with language            
          that could discourage the "evolutionary" nature of research.  The           
          Explanation of Provisions in the 1989 proposed regulations to               
          sec. 174 states in pertinent part:                                          
               A number of commentators suggested that the [1983]                     
               proposed regulations could be read to require a                        
               significant improvement for an activity to qualify                     
               under section 174.  They suggested that such a reading                 
               would be overly restrictive because research and                       
               development activities may in many instances be part of                
               an evolutionary process involving a series of minor                    
               improvements that, when taken together over a period of                
               time, lead to a significantly improved product.  The                   
               regulations proposed by this document do not include                   
               the reference to "routine" or "periodic" improvements.                 
               * * *                                                                  
          54 Fed. Reg. 21225 (May 17, 1989).                                          
               The Explanation of Provisions in the 1993 proposed                     
          regulations to sec. 174 states in part:                                     
                                                             (continued...)           



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