Nicholas E. Eustace, et al. - Page 16




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               Although the TAM module, FIM, First Rate, Diamond, etc. do             
          not meet the requirements of section 41(d)(1), the research                 
          credit may, nevertheless, be applicable to the most significant             
          set of elements of these products in relation to which all the              
          requirements are met.  See H. Conf. Rept. 99-841 (Vol. II), at              
          II-72 to II-73 (1986), 1986-3  C.B. (Vol. 4) 1, 72-73.                      
          Petitioners acknowledge that they do not have                               
               the substantiation necessary to tie salaries to                        
               activities at the subcomponent level, * * * .  However,                
               the Cohen [sic] rule would apply in this circumstance,                 
               and the Court would be required to make a reasonable                   
               allocation of salaries to functionality.                               
          The rule of Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir.                
          1930), does not require the Court, in this case, to make such an            
          allocation, and we decline to do so.  Accordingly, respondent’s             
          determinations are sustained.                                               
               Contentions we have not addressed are moot, irrelevant, or             
          meritless.                                                                  
               To reflect the foregoing,                                              


                                                  Decisions will be entered           
                                             under Rule 155.                          













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