Jacob and Chana Pinson, et al. - Page 42




                                       - 42 -                                         
          furnished by DPC expressly involved operations within the United            
          States, and a third implies as much.  FIL’s shift away from U.S.            
          markets thus indicates that these functions were no longer being            
          performed.                                                                  
               The specific tasks of “Market research in the United States            
          for the product manufactured by Flocktex” and “Warehousing of the           
          products in the United States” would have become largely                    
          unnecessary once FIL ceased marketing or selling any significant            
          portion of its output in the United States.  Further, given that            
          DPC was a domestic corporation with a domestic market and sales             
          force, “Sales promotion services * * * through DEITSCH salesmen”            
          implicitly contemplates U.S. activities which would not have been           
          pursued after the shift to European markets.  Of the remaining              
          items, we find it reasonable that after approximately 15 years in           
          business, FIL in 1990 would have had a well-established network             
          of suppliers, such that “Counsel regarding the economic purchase            
          of raw materials” would have been minimal at best.                          
               The final task set forth in the 1980 agreement is “Advice              
          and recommendation concerning the future development of the                 
          manufacture, production and marketing,” and we have precluded               
          petitioners from arguing that no consulting services were                   
          performed.  However, to the extent that advice continued to flow            
          between petitioners and FIL, we believe testimony revealing the             
          mode of operation within the Deitsch entities shows that such               






Page:  Previous  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  Next

Last modified: May 25, 2011