- 34 - 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.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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