Medchem (P.R.), Inc. - Page 39




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          Searle & Co. v. Commissioner, 88 T.C. 252, 350-351 (1987); see              
          also Coca-Cola Co. & Subs. v. Commissioner, 106 T.C. 1, 21                  
          (1996).  American companies operating in the possessions were               
          originally subjected to double taxation in the form of the                  
          Federal corporate income tax and the taxes of the possessions.              
          See Tariff Act of 1913, ch. 16, sec. II, 38 Stat. 166; Revenue              
          Act of 1918, ch. 18, 40 Stat. 1057.  Congress perceived that this           
          double tax burden placed American businesses at a competitive               
          disadvantage when compared with their British and French                    
          counterparts which were not subject to taxation upon the profits            
          they earned abroad unless paid back to the home company.                    
          Congress enacted section 931 to remove that competitive                     
          disadvantage.  See H. Rept. 350, 67th Cong., 1st Sess. 1 (1921),            
          1939-1 C.B. (Part 2) 168, 174.  In its original form, section 931           
          allowed a corporation to exclude its possession-source income if            
          it met an “80-percent source” test and a “50-percent active trade           
          or business" test.  Because of the exclusion, and because                   
          dividends received by a domestic corporation from its wholly                
          owned possessions subsidiary were not eligible for the                      
          intercorporate dividends received deductions under section                  
          246(a)(2)(B), possessions corporations amassed large amounts of             
          income not repatriated to the United States.                                
               In the Tax Reform Act of 1976, Pub. L. 94-455, sec. 1051, 90           
          Stat. 1643, Congress revised the prior law in order to provide              






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