Medchem (P.R.), Inc. - Page 43




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               On the basis of our understanding of the legislative record,           
          we believe that Congress promulgated the “active conduct of a               
          trade or business” requirement of section 936(a) intending to               
          prevent a domestic corporate taxpayer from availing itself of the           
          possessions tax credit unless it established and regularly                  
          operated an employment-producing, profit-motivated business                 
          activity in a U.S. possession.  We also believe that Congress               
          expected the taxpayer to participate meaningfully in the                    
          management and operation of that activity and to invest                     
          significantly in that activity, the expected result of which                
          would be to strengthen the economy of the possession where the              
          activity was located.  In light of Congress’ intent for section             
          936, the Secretary’s interpretations of the subject phrase for              
          purposes of other sections of the Code, and the Supreme Court’s             
          interpretation of the phrase “trade or business” in section                 
          162(a), we believe that, for purposes of section 936(a), a                  
          taxpayer actively conducts a trade or business in a U.S.                    
          possession only if it participates regularly, continually,                  
          extensively, and actively in the management and operation of its            
          profit-motivated activity in that possession.  Cf. Commissioner             
          v. Groetzinger, 480 U.S. at 26; Higgins v. Commissioner, 312 U.S.           
          at 217; Stanton v. Commissioner, 399 F.2d 326, 329-330 (5th Cir.            
          1968), affg. T.C. Memo. 1967-137.  We also believe that, for the            
          purpose of this participation requirement, the services                     






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