Electronic Arts, Inc. and Subsidiaries - Page 35




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               13 It is quite true that the court in the International                
               Canadian case stated (p. 525) that the active conduct                  
               requirement “is to disqualify corporations which are                   
               ‘inactive’ in the sense that they receive investment income            
               rather than business income.”  But that statement was made             
               in the context of a situation where the taxpayer was engaged           
               regularly and actively in the business of making sales in              
               Canada, and the income in question was derived from such               
               sales.  The court obviously did not give any consideration             
               to the applicability of the statute to an isolated                     
               transaction of the type before us, and we do not give that             
               language the possible expansive reading that would include             
               such a transaction within the “active conduct” clause.                 
               14 This understanding of the statutes’ purpose conforms well           
               to the Commissioner’s position that interest income, which             
               would otherwise constitute “passive” income outside the                
               purview of sec. 921(2), meets the “active conduct”                     
               requirement when received from the taxpayer’s customers on             
               account of their credit obligations arising from the regular           
               and recurring conduct of the taxpayer’s business.  Rev. Rul.           
               65-290, 1965-2 C.B. 241.                                               
               In Kewanee Oil Co. v. Commissioner, 62 T.C. at 738, we held            
          that the taxpayer’s income from the sale of “substantially all of           
          its oil- and gas-producing property and associated equipment, the           
          source of virtually its entire revenues until that time” was                
               derived from the termination of the major portion of its               
               business and not from the active conduct thereof;                      
               accordingly, * * * [the taxpayer] did not meet the “active             
               conduct” requirement set forth in section 921 and was                  
               therefore not entitled to the deduction provided in section            
               922.  [Id. at 739.]                                                    
               In United States Gypsum Co. v. United States, 304 F. Supp.             
          at 642-643, the opinion upon which respondent relies, the                   
          District Court discussed approvingly the opinion of the Court of            
          Appeals for the Ninth Circuit in Frank v. International Canadian            
          Corp., supra.  The District Court then contrasted the factual               





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