Electronic Arts, Inc. and Subsidiaries - Page 24




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          section 936(a)(1)(A)(i).  That term is used in more than 20 other           
          sections of the Code, and we do not find a statutory definition             
          for that term as used in any of these other sections.  Code                 
          provisions generally are to be interpreted so congressional use             
          of the same words indicates an intent to have the same meaning              
          apply, and congressional use of different words indicates an                
          intent to have a different meaning apply.  Under these                      
          circumstances, authoritative interpretations of that term as used           
          in other provisions of the Code may be regarded as proper                   
          precedent for interpreting that term as used in section 936(a).             
          In particular, we focus on opinions interpreting that term in the           
          Western Hemisphere Trading Corporations context, and on Treasury            
          Regulations interpreting that term in the context of sections               
          179, 355, and 367.  Applying our analysis in MedChem (P.R.), Inc.           
          v. Commissioner, 116 T.C. 308 (2001), on appeal (1st Cir., Aug.             
          24, 2001), and the interpretations in Western Hemisphere Trading            
          Corporations cases to the factual matters established by the                
          parties’ stipulations, pleadings, affidavits, etc., we conclude             
          that EAPR’s activities amounted to the active conduct of a trade            
          or business in Puerto Rico, within the meaning of section 936(a),           
          during the years in issue.                                                  
               We conclude that respondent’s contentions as to disputes               
          over factual matters are all (1) contradicted by the stipulations           
          or pleadings, or (2) immaterial, or (3) both.                               






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