- 45 - is the sole criterion that a taxpayer must meet in order to be entitled to the possession tax credit. Petitioners observe correctly that MedChem P.R. was involved with the Puerto Rico-based manufacturing business of Avitene by virtue of the fact that it supplied the raw materials and equipment necessary to manufacture the drug. Such minimal association with a trade or business, however, does not constitute the active conduct of a trade or business in Puerto Rico for purposes of section 936(a). The mere fact that a taxpayer owns property used in a trade or business is simply not enough to characterize the taxpayer as an active conductor of that trade or business. The taxpayer in such a situation does not meet the requirement as to a regular, continual, extensive, and active participant in the management and operation of the profit-motivated activity. Nor, in fact, does such a taxpayer subject itself to many of the economic risks and benefits of business in general. Here, MedChem P.R. lacked any operational or directional control over the Avitene business. All of the business activities connected to Avitene were directed and controlled by Alcon P.R., out of its Puerto Rico-based operation, and by MedChem U.S.A., out of its Woburn-based facility. In fact, petitioners’ involvement in Puerto Rico during the 3-year period failed even to qualify as a trade or business in Puerto Rico,Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011