Electronic Arts, Inc. and Subsidiaries - Page 30




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               motivated activity in that possession.  Cf. Commissioner v.            
               Groetzinger, 480 U.S. [23,] 26 [(1987)]; Higgins v.                    
               Commissioner, 312 U.S. [212,] 217 [(l941)]; Stanton v.                 
               Commissioner, 399 F.2d 326, 329-330 (5th Cir. 1968), affg.             
               T.C. Memo. 1967-137.  We also believe that, for the purpose            
               of this participation requirement, the services underlying a           
               manufacturing contract may be imputed to a taxpayer only to            
               the extent that the performance of those services is                   
               adequately supervised by the taxpayer’s own employees.                 
               Another source of guidance may be found in the                         
          interpretation of “active conduct of a trade or business” in the            
          provisions dealing with Western Hemisphere Trading Corporations,            
          hereinafter sometimes referred to as WHTCs.  The WHTC provisions            
          existed in the Code for a substantial portion of the history of             
          section 936 and its predecessors.  The WHTC provisions were                 
          enacted by sections 105(b) and 141 of the Revenue Act of 1942 as            
          sections 15(b) and 109, I.R.C. 1939.  Pub. L. 77-619, 56 Stat.              
          798, 806, 838.  Under these provisions, a domestic corporation              
          qualified for the WHTC exemption only if (1) all of its business            
          was conducted in the Western Hemisphere, (2) it derived at least            
          95 percent of its gross income from sources outside the United              
          States, and (3) it derived at least 90 percent of its gross                 
          income “from the active conduct of a trade or business.”  Sec.              
          109(b), I.R.C. 1939.                                                        
               WHTCs were exempt from the corporate surtax until the                  
          Revenue Act of 1950, Pub. L. 81-994, 64 Stat. 906, 915, 920,                
          which replaced the exemption (sec. 121(c) of the Act) with a                
          credit computed as a specified percentage of normal-tax net                 






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