Electronic Arts, Inc. and Subsidiaries - Page 39




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          314-315.  The taxpayer-subsidiary got receivables, inventory, and           
          machinery and equipment located in the unrelated entity’s                   
          manufacturing facility.  Idem.                                              
               As part of the sale, the unrelated entity agreed to continue           
          manufacturing the drug for the taxpayer-subsidiary using the                
          unrelated entity’s facility and labor, and using the raw                    
          materials and equipment furnished by the taxpayer-subsidiary.               
          Id. at 316.  We found that the employees of the unrelated entity            
          “performed every task required in the manufacturing process,                
          including the supervision thereof, * * * without the right or               
          ability of * * * [the taxpayers] to manage, direct, or control              
          any part of the manufacturing process.”  Id. at 339.  Indeed,               
          except for the MedChem cases themselves, the taxpayers had                  
          consistently reported in all instances that the unrelated entity            
          was the drug’s manufacturer.  Id. at 340.  As a reflection of               
          this, the labels which the taxpayer-subsidiary used during one of           
          the years at issue in MedChem designated the unrelated entity as            
          the manufacturer of the drug.  Id. at 315-316.  We concluded that           
          all of the business activities related to the manufacture of the            
          drug were directed and controlled by the unrelated entity out of            
          its Puerto Rico-based operation, and by the taxpayer-parent, out            
          of its U.S.-based facility.  Id. at 338.                                    
               The taxpayer-parent distributed, marketed, and sold the drug           
          in the United States.  Id. at 339.  We found that the taxpayer-             
          subsidiary “was expressly prohibited by the processing agreement            




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