Norwest Corporation and Subsidiaries - Page 107

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          trial" or "a tentative procedure or policy; [especially] one                
          adopted in uncertainty as to whether it will answer the desired             
          purpose or bring about the desired result".  The court then cited           
          the legislative history of the test and found that it was necessary         
          to determine the extent of uncertainty that existed in the                  
          taxpayer's projects.  The court concluded that "while the aspired           
          benefits of the projects were in doubt, the development of the              
          means that would allow Stationers to potentially achieve those              
          benefits was not."  Id. at 1285.                                            
               Despite the court's finding that the taxpayer failed to                
          satisfy both the discovery and process-of-experimentation tests, it         
          considered whether the taxpayer could have satisfied any of the             
          internal use software tests.  In doing so, the court rejected the           
          magistrate judge's findings that the taxpayer did not satisfy the           
          innovativeness test.  Instead, the court noted that the "Magistrate         
          Judge was correct in reasoning that Stationers' projects `simply            
          increased efficiency and revenues for Plaintiff'," but nonetheless          
          concluded that "[the projects] all fall under the plain meaning of          
          the definition included in the legislative history" and were thus           
          innovative.  Id. at 1287-1288.                                              
               The court did, however, agree with the magistrate judge and            
          find that the taxpayer failed to satisfy the significant economic           
          risk test because "`the ability to implement [the projects] was             
          clear from the outset.  The only risk or uncertainty was whether            





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