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