Medchem (P.R.), Inc. - Page 35




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               for the purpose of earning income or profit, and the                   
               activities included in such group include every                        
               operation that forms a part of, or a step in, the                      
               process of earning income or profit.  Such group of                    
               activities ordinarily must include the collection of                   
               income and the payment of expenses.                                    
                              (iii) Active conduct.  For purposes of                  
               section 355(b), the determination whether a trade or                   
               business is actively conducted will be made from all of                
               the facts and circumstances.  Generally, the                           
               corporation is required itself to perform active and                   
               substantial management and operational functions.                      
               Generally, activities performed by the corporation                     
               itself do not include activities performed by persons                  
               outside the corporation, including independent                         
               contractors.  A corporation may satisfy the                            
               requirements of this subdivision (iii) through the                     
               activities that it performs itself, even though some of                
               its activities are performed by others. * * *                          
                              (iv) Limitations. The active conduct of                 
               a trade or business does not include–                                  
                                   (A) The holding for investment                     
               purposes of stock, securities, land, or other property,                
               or                                                                     
                                   (B) The ownership and operation                    
               (including leasing) of real or personal property used                  
               in a trade or business, unless the owner performs                      
               significant services with respect to the operation and                 
               management of the property.                                            
               Third, for purposes of section 367, the Secretary prescribed           
          in section 1.367(a)-2T(b), Temporary Income Tax Regs., 51 Fed.              
          Reg. 17942 (May 16, 1986), the following relevant rules as to the           
          phrase’s meaning:                                                           
                    (b) Active conduct of a trade or business outside                 
               the United States--(1) In general.  Property qualifies                 
               for the exception provided by this section if it is                    
               transferred to a foreign corporation for use in the                    
               active conduct of a trade or business outside of the                   
               United States.  Therefore, to determine whether                        





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