Medchem (P.R.), Inc. - Page 45




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          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,               






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