Electronic Arts, Inc. and Subsidiaries - Page 38




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          the general fact pattern of the instant cases has some                      
          similarities to that in MedChem, the aggregate of the differences           
          between the facts of MedChem and the facts of the instant cases             
          convinces us that the instant cases fall on the other side of the           
          line; i.e., that EAPR actively conducted a trade or business in             
          Puerto Rico during the relevant time period.  With the caution              
          that our conclusion is based on the aggregate of the differences            
          between the instant cases and MedChem; i.e., that no one                    
          difference is critical by itself, we proceed to describe the                
          significant differences.                                                    
               In MedChem, the taxpayers had acquired from an unrelated               
          entity the assets of a Puerto Rican business that manufactured              
          and sold a specific pharmaceutical (hereinafter sometimes                   
          referred to as the drug).  MedChem (P.R.), Inc. v. Commissioner,            
          116 T.C. at 314.  The assets were divided between taxpayer-parent           
          and taxpayer-subsidiary; the subsidiary is the corporation that             
          was claimed to qualify for the possession tax credit under                  
          section 936(a).  Id. at 314, 327.  The taxpayer-parent got                  
          receivables, several noncompetition agreements, goodwill,                   
          contract rights, records, patents and related know-how,                     
          trademarks, and Food and Drug Administration approvals.  Id. at             


               10(...continued)                                                       
          other listed activities occurred continually throughout that                
          period.”  In the instant cases, it appears that all of the                  
          activities that we discuss occurred during the relevant test                
          period.                                                                     




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