- 30 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011