- 46 - given that petitioners’ involvement in that possession focused mainly on the Woburn-based efforts of MedChem U.S.A.’s personnel to understand the Avitene manufacturing process and, after June 30, 1990, to move that process from Alcon P.R.’s facility in Puerto Rico to MedChem U.S.A.’s facility in Woburn. Whereas petitioners initially planned to establish a manufacturing facility in Puerto Rico during the relevant years and, to that end, hired Mr. Perez, opened an office in Humacao, and purchased land in Juncos, their plans changed in 1990. In 1990, petitioners scuttled their efforts to establish a facility in Puerto Rico, wrote off the proposed facility’s capitalized costs, closed the Humacao office, terminated Mr. Perez, and began moving the Avitene manufacturing process into MedChem U.S.A.’s idled Amvisc facility in Woburn. Petitioners also caused Alcon P.R. to move into that facility all of the equipment in Puerto Rico that had been and was required to be used to perform the work in phase 1 of the Avitene manufacturing process. Petitioners assert that all of MedChem P.R.’s income was attributable to its sale in Puerto Rico of Avitene that was manufactured in that possession and that MedChem P.R. had a significant business presence in Puerto Rico. We disagree.14 14 We distinguish Frank v. International Canadian Corp., 308 F.2d 520 (9th Cir. 1962), a case cited by petitioners to support their assertion that MedChem P.R. actively conducted a trade or business by virtue of its sales activity. The relevant holding (continued...)Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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