Yeah most of those posts I read were referring to versions 6/7 of IE. But despite that I did give the code a go with the setAttribute function in IE9 and it still automatically set it to the attribute submitName as supposed to name. That's what kicked off my extensive googling...
I have however discovered a different work around though I don't like it too much because of how messy it looks in the code but I can't seem to think of any other way.
This is what I done:
input = document.createElement('<input name="'+attrName+'">');
I did read somewhere that if the attribute name is already established in the element then it will set it if you set it through the setAttribute function. However if that particular element doesn't exist with the initial load of the page and you are dynamically creating that element when a button is pressed or something then you'll run into problems with trying to set a name attribute.
Either way thanks for your response!