Norwest Corporation and Subsidiaries - Page 108

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          the [projects] would produce the desired efficiency, not whether            
          they could, in fact, be developed.'"  Id. at 1288.                          
               The District Court's opinion is, unfortunately, of little              
          benefit to us because of the lack of a detailed record from which           
          we can compare the facts therein to the facts before us.  Moreover,         
          we are not bound by the District Court's analysis.  See A.E. Staley         
          Manufacturing Co. & Subs. v. Commissioner, 105 T.C. 166, 208                
          (1995), revd. on other grounds and remanded 119 F.3d 482 (7th Cir.          
          1997); Estate of Schwartz v. Commissioner, 83 T.C. 943, 952 (1984).         
          Consequently, we will not rely on or otherwise refer to United              
          Stationers in evaluating the present case.                                  
          6.  The Experts                                                             
               Both parties rely upon the opinions of experts in support of           
          their respective positions.  Both parties' experts prepared initial         
          and rebuttal reports and testified in support of those reports.             
          The experts reviewed thousands of  pages  of  documents  and                
          interviewed many Norwest employees in the process of preparing              
          their reports and testimony.                                                
               We look to the parties' experts to aid us in applying the              
          facts relating to Norwest's eight internal use software development         
          activities to the seven tests for internal use software under               
          section 41.                                                                 
               We evaluate the opinions of an expert in light of the expert's         
          qualifications and all other evidence in the record.  Estate of             
          Christ v. Commissioner, 480 F.2d 171, 174 (9th Cir. 1973), affg. 54         



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