Microsoft Corporation - Page 26




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         (1993).  A software industry representative summarized the                   
         industry’s position as follows:                                              
                   The failure to permit exports of computer                          
                   software to qualify for FSC treatment is                           
                   counterproductive and inconsistent with the U.S.                   
                   interest in fostering the continued growth of                      
                   this industry in the United States.  In                            
                   addition, there is no tax policy reason for                        
                   denying exporters of software the tax benefits                     
                   of the FSC rules that are available to other                       
                   U.S. exporters and in particular the film and                      
                   record industries * * *.  There is a need for                      
                   Congress to clarify the original intent of the                     
                   DISC and FSC legislation to encourage U.S.                         
                   exports, including software, in light of the                       
                   Treasury Department’s temporary FSC regulations.                   
                   Therefore, we respectfully request that Congress                   
                   enact legislation which would clarify that the                     
                   definition of FSC export property includes the                     
                   license of computer software to foreign                            
                   distributors and customers with the right to                       
                   reproduce.                                                         
         Id. at 644 (statement by James A. Abrahamson, chairman of the board,         
         Oracle Corp., on behalf of the FSC software coalition).  In                  
         addition, the representative complained that the temporary                   
         regulation “adopted a narrow interpretation of the parenthetical             
         exception and denied any FSC benefits for the license of computer            
         software if the license is accompanied by the right to reproduce the         
         computer software.”  Id. at 643.  These hearings did not result in           
         a change to section 927(a)(2)(B).                                            
              Over the next several years, over 100 members of Congress               
         requested that the Department of the Treasury amend the temporary            
         regulation to explicitly extend FSC benefits to the export of                
         computer software licenses that include reproduction rights abroad.          






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