Electronic Arts, Inc. and Subsidiaries - Page 23




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          income tax exemption instead of a credit), “were enacted to                 
          stimulate the creation of jobs and investment in U.S.                       
          possessions, and to provide a tax benefit to taxpayers that                 
          created such jobs and investment.”  They urge us to “construe               
          section 936 in favor of [such] taxpayers” and to “construe                  
          narrowly any limitations on the intended benefits”.  Petitioners            
          further contend that the functions performed by the lease                   
          employees “are properly considered, as a matter of law, to be               
          functions performed by EAPR in Puerto Rico for purposes of                  
          applying the active trade or business test.”  Finally,                      
          petitioners contend that “There are no facts upon which                     
          Petitioners rely that are reasonably in dispute.”  Petitioners              
          further maintain that, even if we were to agree with respondent’s           
          contentions that certain factual matters are in dispute, these              
          matters “are not material to a holding by the Court on this issue           
          [i.e., that EAPR derived income from the active conduct of a                
          trade or business in Puerto Rico].”                                         
          2.  Summary of Conclusions                                                  
               We agree with several of petitioners’ contentions and with             
          petitioners’ conclusion that their motion for partial summary               
          judgment on the active-conduct-of-a-trade-or-business issue                 
          should be granted.                                                          
               The Code does not appear to include a definition of the term           
          “active conduct of a trade or business” as that term is used in             






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