Electronic Arts, Inc. and Subsidiaries - Page 28




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          statutory definition of this term.  Also, as far as we can tell,            
          nowhere else in the Code is there a definition of this term as it           
          is used in section 936 or in any of the other Code sections in              
          which this term is used.                                                    
               In MedChem (P.R.), Inc. v. Commissioner, 116 T.C. at 333, we           
          pointed out that “the roots of that section [936] are found in              
          section 262 of the Revenue Act of 1921”, and we briefly                     
          summarized the purpose and history of the statute in accordance             
          with our analyses in G.D. Searle & Co. v. Commissioner, 88 T.C.             
          252, 350-351 (1987), and Coca-Cola Co. & Subs. v. Commissioner,             
          106 T.C. 1, 21 (1996).  From section 262 of the Revenue Act of              
          1921 through section 931, I.R.C. 1954, a qualifying domestic                
          corporation was exempt from Federal income taxes on certain                 

               9(...continued)                                                        
               nonemotive, it is presumed that the author’s language                  
               has been used, not for its artistic or emotional                       
               effect, but for its ability to convey ideas.                           
               Accordingly, it is presumed that the author has not                    
               varied his terminology unless he has changed his                       
               meaning, and has not changed his meaning unless he has                 
               varied his terminology; that is, that he has committed                 
               neither “elegant variation” nor “utraquistic                           
               subterfuge”.  This is the rebuttable presumption of                    
               formal consistency.  [Fn. refs. omitted.]                              
               In United States v. Cleveland Indians Baseball Co., 532 U.S.           
          200, 213 (2001), the Supreme Court made it clear that there are             
          some circumstances where “‘the meaning [of the same words] well             
          may vary to meet the purposes of the law,’” quoting Atlantic                
          Cleaners & Dyers v. United States, 286 U.S. 427, 433 (1932).  It            
          does not appear that the circumstances dealt with in Cleveland              
          Indians have a persuasive parallel as to the active-conduct-of-a-           
          trade-or-business issue.  However, see infra II. C. for                     
          discussion of the term “manufactured or produced”.                          





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