Electronic Arts, Inc. and Subsidiaries - Page 37




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          Corp., supra.  Rather, the difference in relevant facts in those            
          two cases led to the difference in result.                                  
               In the instant cases, EAPR (1) bought, from unrelated                  
          sellers, and owned all the equipment used in Puerto Rico to                 
          manufacture the video games; (2) bought, from unrelated                     
          suppliers, and owned all the raw materials and components used in           
          Puerto Rico to manufacture the video games; and (3) was lessee of           
          the facilities in Puerto Rico in which the equipment and the raw            
          materials and components were used in Puerto Rico in                        
          manufacturing the video games.  EAPR’s manager lived in Puerto              
          Rico and worked in the leased space; he supervised PPI employees            
          in charge of managing materials and inventory control and saw to            
          it that assembly line mistakes were corrected.  The role that               
          EAPR played regarding video game manufacturing in Puerto Rico was           
          much more like what the taxpayer did in Frank v. International              
          Canadian Corp., supra, than what the taxpayer did in United                 
          States Gypsum Co. v. United States, supra.                                  
               In MedChem (P.R.), Inc. v. Commissioner, 116 T.C. at 337-              
          343, we discussed the factual elements that, in the aggregate,              
          led us to conclude that the taxpayer-subsidiary therein was not             
          in the active conduct of a trade or business in Puerto Rico                 
          during the statutorily relevant 3-year time period.10  Although             


               10See MedChem (P.R.), Inc. v. Commissioner, 116 T.C. 308,              
          340 (2001), where we noted that “Some of the activities listed by           
          [the taxpayers] preceded the 3-year period, and very few of the             
                                                             (continued...)           




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