Nicholas E. Eustace, et al. - Page 13




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          III.  Analysis                                                              
               We note at the outset that petitioners’ reconstruction of              
          qualifying expenses was unreliable, inaccurate, incomplete, and             
          wholly insufficient to establish what various workers did and               
          whether such expenses qualify for the research credit.  In                  
          addition, petitioners failed to have their computer expert                  
          address technical issues relevant to the case, and, as noted                
          below, the testimony of petitioners’ witnesses further supports             
          our conclusion that work performed by Applied Systems’ employees,           
          during the years in issue, does not qualify for the research                
          credit.                                                                     
               A.  TAM                                                                
               Most of the product development of the TAM module occurred             
          during 1980 through 1989.  In describing a “sophisticated                   
          approach” that Applied Systems had “invented” and used in the TAM           
          module, petitioners’ programmer testified:  “This would have been           
          in the ‘80s.”  During the years in issue, employees merely                  
          updated the TAM module.  Solutions to problems of rounding                  
          numbers, locking transactions, and expanding representation were            
          commonly known in the computer science field and did not present            
          significant programming challenges.  Applied Systems’ purchase              
          and use of third-party software to facilitate managing memory,              
          multitasking, and indexing tasks indicates that these techniques            
          were also known in the computer science field.  Petitioners’                






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