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COMSHARE, INC. v. U.S.

No. 92-1310.

27 F.3d 1142 (1994)

COMSHARE, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 27, 1994.

Attorney(s) appearing for the Case

Stephen D. Winter (argued and briefed), Kathleen McCree Lewis, Sherrill D. Wolford (briefed), Dykema & Gossett, Detroit, MI, for plaintiff-appellant.

Stephen J. Markman, U.S. Atty., Office of the U.S. Atty., Detroit, MI, Gerald H. Parshall, Trial Atty., U.S. Dept. of Justice, Tax Div., Gary R. Allen, Acting Chief (briefed), Nancy G. Morgan (argued), Bruce R. Ellisen, Charles Bricken, U.S. Dept. of Justice, Appellate Section Tax Div., Washington, DC, Elizabeth Larin, Asst. U.S. Atty., Detroit, MI, for U.S.

Before: NELSON and BOGGS, Circuit Judges; and ROSENN, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

Plaintiff Comshare, Inc., a computer software company, sued the government to obtain a refund of federal income taxes. During the tax years in question the company had spent several million dollars to purchase computer program source codes embodied in magnetic tapes and discs. The company used these master source code tapes and discs to manufacture software products for its customers. The question we are asked to decide is whether the...

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