- 13 - manufacturer or vendor or through foreign independent purchasing agents in these relative quantities is a strong indicator of substantial international operations.7 Nor do we find the fact that lending institutions with international operations participated in Payless’ corporate borrowing program supports a finding that Payless had international operations. Finally, while the words of the transition rule “such buildings are to serve as world headquarters”, are prospective, we find nothing in the provision itself or the legislative history that would indicate that those words should be read so that they include a building becoming a “world headquarters” at some indeterminate time in the future. Assuming without deciding that the Mexican joint venture would have justified a classification of Two Pershing Square as Payless’ world headquarters in 1993-95, we find the joint venture in 1993-95 to be too remote in time to be relevant to the tax year in question. We are of the opinion that the words “are to serve”, while prospective, more naturally describe the intended function of the building when first occupied by the original lessee or sometime shortly thereafter.8 7The fact that certain Payless employees sometimes traveled outside the United States to facilitate these purchases, when viewed alone or with the other facts petitioner relies on, is not sufficient to transform Two Pershing Square into a world headquarters. 8It is not necessary for us to determine in this case whether a taxpayer must have international affiliates to have a (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011