- 23 - 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 inPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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