Nicholas E. Eustace, et al. - Page 15




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          credit.  We disagree.  Data conversion is commonly provided by              
          software vendors.  There was no technical uncertainty, for                  
          example, that a COBOL program could be rewritten in C, and, by              
          1990, the principles for converting software from DOS to Windows            
          had been published.  Petitioners’ programmer testified that,                
          during the years in issue, Applied Systems did not fundamentally            
          convert the TAM module from DOS, but, as “a simple plan we could            
          do fast”, merely put the TAM module in a Windows format, so “we             
          could start demonstrating something under Windows more quickly”.            
          Applied Systems’ vice president testified, relating to Diamond,             
          that employees were “trying to figure out what the product was              
          supposed to do”, but “weren’t doing any coding” (i.e.,                      
          programming), during the years in issue.  Petitioners presented             
          insufficient evidence relating to evaluations/R&D and failed to             
          address this issue on brief.                                                
          IV.  Conclusion                                                             
               Petitioners fell woefully short of presenting sufficient               
          evidence to establish, as required by section 41, that Applied              
          Systems’ activities met the requirements for the research credit.           
          Applied Systems did not undertake research to discover                      
          information beyond the current state of knowledge in the computer           
          science field.  Nor did Applied Systems conduct a process of                
          experimentation aimed at eliminating uncertainty about the                  
          technical ability to develop the software.                                  






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