- 88 - for numerous corporations and has served as a court-appointed expert. Dr. Davis concluded that all eight of the sample internal use software activities failed to satisfy one or more of the seven tests for the R&E credit.45 He summarized his findings as follows: It is my opinion based on the sources [provided] * * * that the work performed by Norwest involved normal and routine software development. The software produced, in terms of the products and services provided, and the technology used to support it, was all within the then current state of the art in the industrial work of management information systems. None of the documents provided suggest that any of the software developed by Norwest was, among other things, innovative or involved a significant degree of technical risk. Dr. Davis described five types of projects associated with software development: (1) Design and implementation (the de novo creation of a body of software); (2) installation and testing (the purchase and installation of software from a vendor); (3) maintenance (ongoing adjustments to the code); (4) enhancement (adding of functionality to the program); and (5) research (attempting to do something for the first time). Dr. Davis found that each of Norwest's activities involved at least one of the first four types of projects, and generally characterized Norwest's work as installation, interfacing, and testing. When asked to rank the eight activities in order from most to least characteristic of research, Dr. Davis provided the following list: SBS; Success and 45 However, Dr. Davis opined that one of the activities not included in the eight sample activities, known as Expert Systems, qualified as research and experimentation under sec. 41.Page: Previous 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Next
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