Medchem (P.R.), Inc. - Page 30




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          qualifies for the possession tax credit.11  Respondent argues               
          primarily that MedChem P.R. did not meet the active conduct of a            
          trade or business requirement of section 936(a)(2)(B).                      
          Petitioners contend that all of MedChem P.R.’s taxable income               
          qualifies for the possession tax credit.  Petitioners argue that            
          MedChem P.R. met the active conduct of a trade or business                  
          requirement because, petitioners assert, all of MedChem P.R.’s              
          income was derived from its sales in Puerto Rico of Avitene that            
          it manufactured in Puerto Rico.  Petitioners assert that, in                
          addition to that sales income, MedChem P.R. had significant                 
          business activities in Puerto Rico.  Petitioners assert that                
          MedChem P.R.’s business activities in Puerto Rico included                  
          purchasing the raw materials necessary for Avitene, monitoring              
          manufacturing and inventory levels of Avitene, and owning all of            
          the manufacturing equipment, raw materials, work-in-process, and            
          finished goods related to Avitene.  Petitioners assert that                 
          MedChem P.R. performed its business activities in Puerto Rico               
          through its common law employees consisting of its officers, the            
          Kelly employees, and employees who worked concurrently for                  
          MedChem P.R. and either MedChem U.S.A. or Alcon P.R.  Petitioners           
          assert that MedChem P.R. also performed significant business                


               11 As an alternative to this determination, respondent                 
          determined that MedChem P.R.’s income was taxable to the MedChem            
          Group under sec. 482(a).  Because respondent does not pursue this           
          argument on brief, we consider it conceded.                                 





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