Medchem (P.R.), Inc. - Page 3




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          Group) for its taxable year ended August 31, 1992.  Following               
          concessions, we must decide whether MedChem P.R. meets the                  
          “active conduct of a trade or business within a possession”                 
          requirement of section 936(a)(2)(B).  We hold it does not.1                 
          Unless otherwise indicated, section references are to the                   
          Internal Revenue Code applicable to the relevant years.  Rule               
          references are to the Tax Court Rules of Practice and Procedure.            
          We attach hereto as appendix A a summary of some of the critical            
          events that occurred during:  (1) The 20�-month period from                 
          December 18, 1987, to August 31, 1989, that preceded the 3-year             
          test period relating to our determination under section                     
          936(a)(2)(B), (2) the 3-year test period from September 1, 1989,            
          to August 31, 1992, and (3) the 20-month period from August 31,             
          1992, to April 1994 that followed the 3-year test period.2                  
                                     Background                                       
               The parties have filed with the Court a stipulation of facts           
          and certain related exhibits.  We incorporate herein by reference           


               1 Given that holding, we need not and do not decide the                
          parties’ other dispute; to wit, whether MedChem P.R. manufactures           
          or produces a product in the possession as required by sec.                 
          954(d)(1)(A).                                                               
               2 We take into account petitioners’ actions in years                   
          subsequent to their 1992 taxable year to evaluate their prospects           
          during their 1992 year.  See Levin v. Commissioner, 832 F.2d 403,           
          406 n.3 (7th Cir. 1987) (Tax Court allowed to rely on subsequent            
          events to determine whether those events were consistent with the           
          Court’s judgment of the facts available in the year in issue),              
          affg. 87 T.C. 698 (1986).                                                   





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