Norwest Corporation and Subsidiaries - Page 106

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          97-1 USTC par. 50,457 (N.D. Ill. 1997) (report and recommendation           
          of magistrate judge), although the court did not accept all of the          
          magistrate judge's findings.  The Government therein, as in this            
          case, conceded that the taxpayer satisfied the section 174 test.            
               In analyzing section 41, the District Court disallowed the             
          credit on several grounds.  First, the court concluded that the             
          taxpayer did not discover information that was technological in             
          nature.  Applying a dictionary definition for technological                 
          ("resulting from improvement in technical processes that increases          
          the productivity of machines and eliminates manual operations or            
          the operations done by older machines") and discovery ("to make             
          known" or "to obtain for the first time sight or knowledge of"),            
          the court found that the taxpayer did no more than use the software         
          package as a building block and that it failed to discover                  
          information that was technological in nature.  In that regard, the          
          court found that the taxpayer did not expand or refine existing             
          principles of computer science, stating:  "Rather, Stationers               
          merely applied, modified, and at most, built upon, pre-existing,            
          technological information already supplied to it.  This is a far-           
          cry from what Congress contemplated when it spoke of research               
          directed at the `principles of computer science'."  982 F. Supp. at         
          1284.                                                                       
               The court next considered the process-of-experimentation test.         
          The court defined experimentation as "the act, process, or practice         
          of making experiments" and defined an experiment as "a test or              



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