Norwest Corporation and Subsidiaries - Page 105

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          we should apply these higher threshold requirements reasonably and          
          practically and assume that Congress set standards that are not             
          impossible to meet. See United States v. American Trucking                  
          Associations, Inc., 310 U.S. 534, 543 (1940); Venture Funding, Ltd.         
          v. Commissioner, 110 T.C. 236, 264 (1998) (Ruwe, J., dissenting).           
          In applying each of the seven tests under section 41 to the facts           
          herein, we shall consider the facts  and  circumstances  in                 
          determining whether the taxpayer performed qualified research.              
          5.  United Stationers, Inc. v. United States                                
               Both parties rely on the District Court's decision in United           
          Stationers, Inc. v. United States, 982 F. Supp. 1279 (N.D. Ill.             
          1997), in advancing their differing positions as to whether Norwest         
          engaged in qualified research under section 41. In United                   
          Stationers, the taxpayer, a large office supply wholesaler, sought          
          the R&E credit with respect to eight software projects.  To                 
          automate its business operations, the taxpayer acquired from a              
          vendor a software package which it then customized to meet its              
          particular needs.  The court principally relied upon the report and         
          recommendation of a magistrate judge to find the facts in the case,         
          see United Stationers, Inc. v. United States, 79 AFTR 2d 97-1761,           

               39(...continued)                                                       
               Commentators argued that the "time-line" approach of                   
               the 1989 proposed regulation was unrealistic because                   
               progress in research and development is often achieved                 
               only in small, incremental steps. * * *                                
          58 Fed. Reg. 15819 (Mar. 24, 1993).                                         




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