Microsoft Corporation - Page 5




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          $10,321,015), which petitioner claimed in connection with its               
          computer software masters exported for reproduction and                     
          distribution abroad.                                                        
               Petitioner also claimed FSC commission deductions of                   
          $4,049,134 for 1990 and $13,625,222 for 1991 with respect to its            
          export sales of standardized software products.  Respondent has             
          allowed these deductions.                                                   
               The dispositive issue to be resolved is whether the royalties          
          attributable to the licensees’ reproduction and distribution of             
          petitioner’s computer software masters outside the United States            
          constitute FTGR’s within the purview of section 924.  Resolution of         
          this issue hinges upon whether the licensed computer software               
          masters constitute “export property” within the meaning of section          
          927(a)(1) and the temporary regulations thereunder.                         
               Unless otherwise indicated, all section references are to the          
          Internal Revenue Code in effect for the years in issue.  All Rule           
          references are to the Tax Court Rules of Practice and Procedure.            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are found                   
          accordingly.  The stipulations of facts and the attached exhibits           
          are incorporated herein by this reference.                                  
          A.  Background                                                              
               Petitioner, a Washington corporation, maintained its principal         
          place of business in Redmond, Washington, at the time the petition          






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