116 T.C. No. 25 UNITED STATES TAX COURT MEDCHEM (P.R.), INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent MEDCHEM PRODUCTS, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 4065-98, 4066-98. Filed May 18, 2001. P-USA is a corporation that is headquartered and has its manufacturing facility in the United States. Its wholly owned subsidiary is P-PR, which lists as its headquarters, officers, and directors the headquarters, officers, and directors of P-USA. A is a corporation unrelated to Ps that manufactures in Puerto Rico a drug named Avitene. On Dec. 18, 1987, A and certain related entities sold to Ps the equipment, technology, and other assets (except A’s manufacturing facility in Puerto Rico) connected to Avitene’s manufacturing. As part of the sale, A agreed to continue manufacturing Avitene primarily for P-PR using the facility and labor furnished by A and the raw materials and equipment furnished by P-PR. (A also used P-USA’s technology.) In return, P-PR generally agreed to pay A a fee equal to its manufacturing costs plus 10 percent. Throughout most of the relevant period, P-PR had no employees andPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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