Electronic Arts, Inc. and Subsidiaries - Page 31




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          income.  Sec. 122(c) of the Act.  The Internal Revenue Code of              
          1954 substituted for this a formula deduction resulting in a 14-            
          percentage-point tax rate reduction.  See sec. 922, I.R.C. 1954.            
          The WHTC provisions, I.R.C. 1954 secs. 921 and 922, were repealed           
          by sec. 1052(b) of the Tax Reform Act of 1976, Pub. L. 94-455, 90           
          Stat. 1520, 1648.                                                           
               Several opinions of this and other courts have noted the               
          general similarity of congressional purpose between the                     
          possessions corporations provisions and the WHTC provisions.  In            
          view of the WHTC provisions’ use of the term “active conduct of a           
          trade or business”, we believe that opinions interpreting that              
          term as used in the WHTC provisions are helpful in interpreting             
          the same term in section 936(a).  As we see it, the WHTC opinions           
          are essentially consistent with the analysis in MedChem (P.R.),             
          Inc. v. Commissioner, supra.                                                
               Section 936(a)(2)(B) requires that 75 percent of the gross             
          income of the qualifying corporation (in the instant cases, EAPR)           
          be “derived from the active conduct of a trade or business within           
          a possession of the United States”, in the instant cases, Puerto            
          Rico.  In comparison, the effect of the WHTC provisions was to              
          require that at least 90 percent of the gross income of the                 
          qualifying corporation had been derived “from the active conduct            
          of a trade or business” in the Western Hemisphere outside of the            
          United States.                                                              






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