Microsoft Corporation - Page 21




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         limits the unfavorable treatment with regard to copyrights.5                 
         B.  The Regulations                                                          
              Section 1.993-3(f)(3), Income Tax Regs., T.D. 7514, 1977-2 C.B.         
         266, was issued on October 14, 1977,6 excluding copyrights in books          
         from export property treatment.   Section 1.993-3(f)(3), Income Tax          
         Regs., provides:                                                             
                        (3) Intangible property.  Export property                     
                   does not include any patent, invention, model,                     
                   design, formula, or process, whether or not                        
                   patented, or any copyright (other than films,                      
                   tapes, records, or similar reproductions, for                      
                   commercial or home use), goodwill, trademark,                      
                   tradebrand, franchise, or other like property.                     
                   Although a copyright such as a copyright on a                      
                   book does not constitute export property, a                        


               5    The Taxpayer Relief Act of 1997, Pub. L. 105-34, sec.             
          1171, 111 Stat. 788, 987, amended sec. 927(a)(2)(B).  As a                  
          result, copyrights of computer software are explicitly referred             
          to as not being excluded property (i.e., such copyrights qualify            
          as export property).  The amendment applies to gross receipts               
          from computer software licenses attributable to periods after               
          1997, in tax years ending after Dec. 31, 1997.                              
               The conference report accompanying the Taxpayer Relief Act             
          of 1997 states that no inference is intended as to the                      
          qualification of computer software licensed for reproduction                
          abroad as export property under the pre-1997 law.  See H. Conf.             
          Rept. 105-220, at 636 (1997), 1997-4 C.B. (Vol. 2) 1457, 2106.              
          In reaching our conclusions, we have adhered to this                        
          pronouncement.                                                              
               6    On Oct. 12, 1977 (2 days before sec. 1.993-3(f)(3),               
          Income Tax Regs., was issued), the Acting Commissioner of the               
          Internal Revenue Service sent a memorandum to the Assistant                 
          Secretary of the Treasury recommending approval of sec. 1.993-              
          3(f)(3), Income Tax Regs., and attached a technical memorandum in           
          support thereof.  The technical memorandum recognized that:                 
          (1) The parenthetical described a limited category of copyright             
          rights; and (2) sound recording copyrights fell within the                  
          limited category of copyrights saved by the parenthetical.                  






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