Electronic Arts, Inc. and Subsidiaries - Page 40




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          from taking a managerial role in the manufacturing process.”  Id.           
          at 342.  We concluded that the substance of the work as to the              
          manufacturing of the drug, which required specialized skill and             
          expertise, was performed by the unrelated entity.  Id. at 343.              
               The facts of the instant cases are distinguishable from                
          those in MedChem in several material respects.                              
               In MedChem, before the acquisition described supra, the                
          unrelated entity manufactured the drug in Puerto Rico, and the              
          taxpayer-parent did not have anything to do with the drug.  Id.             
          at 310-311, 314.  After this acquisition, the unrelated entity              
          continued to manufacture the drug at its own facility with its              
          own labor and was solely responsible for any problem that arose             
          up to the time the finished product was delivered to a carrier              
          for shipment to the taxpayer-parent.  Id. at 317.  Thus, although           
          the acquisition affected ownership, it did not affect what                  
          happened “on the ground” in Puerto Rico.  In contrast, in the               
          instant cases, EA was in the entertainment software business and            
          relied on unrelated manufacturers in Taiwan and Japan.  After               
          EAPR was created, the entertainment software was manufactured in            
          Puerto Rico, using facilities and labor that PPI leased to EAPR,            
          and using equipment that EAPR bought from unrelated sellers.                
          Thus, the arrangements following the creation of EAPR created an            
          entirely new business in Puerto Rico, using facilities, labor,              
          and equipment that had not previously been used in this business.           
          In contrast to MedChem, what happened “on the ground” in Puerto             




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