- 39 - it would have specifically done so. See, e.g., Central Bank v. First Interstate Bank, 511 U.S. 164, 184-188 (1994); United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 137 (1985). Congress’ inaction reflects its intent not to grant export property treatment to computer software copyrights. The temporary regulation followed Congress’ lead. (3) Congress was aware of the temporary regulation, its treatment of computer software, and the debate thereon. Congress had the opportunity to amend the statute in light of the temporary regulation. See Perkin-Elmer Corp. & Subs. v. Commissioner, 103 T.C. 464, 480 (1994). But it did not do so, and the inference of congressional approval is strong when legislative history contains some indication that Congress was aware of and approved the administrative construction. See Central Bank v. First Interstate Bank, supra at 184-188. (4) The Commissioner has consistently denied export property treatment for computer software when accompanied by the right to reproduce outside the United States. As early as the comment period leading up to the issuance of section 1.993-3(f)(3), Income Tax Regs., and the accompanying technical memorandum, see supra note 6, software industry representatives sought a regulation that would include computer software in the parenthetical. The Commissioner considered but rejected the industry’s position, as evidenced by the omission of computer software from section 1.993-3(f)(3), Income TaxPage: 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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