- 98 - Commissioner, 109 T.C. 133, 171-172 (1997); Phi Delta Theta Fraternity v. Commissioner, 90 T.C. 1033, 1041 (1988), affd. 887 F.2d 1302 (6th Cir. 1989). Thus, while we will rely on the experts' technical findings, we will generally discount their conclusions with respect to the seven tests. A. Strategic Banking System Petitioner's expert, Dr. McDermott, contended that at the time SBS, the integrated banking system, was developed, no existing product could have accomplished the increase in data processing capability Norwest required. He insisted that SBS was subject to several uncertainties, particularly those relating to time and space complexity, software engineering, and user-friendliness. He concluded that "The painful complexities and ultimate failure of SBS ought to be evidence that there was significant risk due to 61(...continued) Dr. Davis' definitions were too academic and did not conform to the language used by Congress. For example, he stated that "discovery" is the result of an experimental or laboratory effort, which he defined as "the creation of an isolated situation intended to mimic the real world in some respects, but tightly controlled in all other respects." We recognize that Dr. Davis was attempting to explain his understanding of research and experimentation as understood in the computer science community-- but in reaching judicial decisions the definitions used by Congress are controlling. Mr. Teixeira and the Tower Group, as well as Dr. Davis, also assumed that the ultimate goal in research is information rather than a product. This is inconsistent with the language of sec. 41, which clearly permits the ultimate goal to be a product. Also, both of respondent's experts used definitions of innovativeness that, although more familiar to us, are not consistent with the language used by Congress in the conference report accompanying the TRA 1986 on the innovativeness test.Page: Previous 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Next
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