- 20 -
(A) any sale, exchange, or other
disposition of export property by such
corporation, or
(B) any lease or rental of export
property described in paragraph (2) by such
corporation,
(4) for engineering or architectural services for
construction projects located (or proposed for location)
outside the United States, or
(5) for the performance of managerial services for
an unrelated FSC or DISC in furtherance of the production
of foreign trading gross receipts described in paragraph
(1), (2), or (3).
Sec. 924(a).
The FSC and DISC provisions define “export property” as
property “manufactured, produced, grown, or extracted in the United
States”.4 Secs. 927(a)(1)(A), 993(c)(1)(A). However, export
property does not include:
patents, inventions, models, designs, formulas,
or processes, whether or not patented,
copyrights (other than films, tapes, records,
or similar reproductions, for commercial or
home use), good will, trademarks, trade brands,
franchises, or other like property.
Secs. 927(a)(2)(B), 993(c)(2)(B). These sections expressly exclude
intangible property from the definition of export property. The
parenthetical phrase “other than films, tapes, records, or similar
reproductions, for commercial or home use” (the parenthetical)
4 The parties have stipulated that for purposes of this
case, petitioner’s software development in the United States
satisfied the manufacture or production requirement of sec.
927(a)(1)(A).
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: May 25, 2011