Microsoft Corporation - Page 34




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         and third sentences of the temporary regulation would not have been          
         made (in 1987) to contradict the fourth sentence (which was carried          
         over from section 1.993-3(f)(3), Income Tax Regs., to the temporary          
         regulation).                                                                 
              According to petitioner, computer software masters are “master          
         recording tapes” (within the purview of the fourth sentence)                 
         licensed for reproduction outside the United States, and thus                
         constitute export property.  We disagree.  Read in context, a                
         “master recording tape” does not include computer software.                  
              Because the second sentence interprets the general rule (that           
         copyrights are not export property), “reproduction” in the fourth            
         sentence refers to a copyright transaction described in the second           
         sentence.  The fourth sentence emphasizes that sound recording               
         masters fall within the parenthetical and thus are not disqualified          
         by the second sentence.  Contrary to petitioner’s assertion, the             
         fourth sentence is not “trumped” by the second sentence because the          
         fourth sentence concerns a “master recording tape” whereas the               
         second sentence concerns computer software and books.  (It was               
         unnecessary to refer to motion pictures in the fourth sentence               
         because the legislative history reflects that copyrights in motion           
         pictures fall within the exception, and the motion picture industry          
         did not lobby for modification.)  Petitioner’s interpretation of the         
         fourth sentence would nullify, rather than harmonize with, other             
         provisions of the temporary regulation.                                      






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