Electronic Arts, Inc. and Subsidiaries - Page 42




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          employees as to certain parts of the manufacturing process.  He             
          was not a foreman for PPI’s assembly line employees, nor did he             
          hire and fire them.  However: (1) He made sure that mistakes were           
          corrected; (2) he “[watched] out for EA’s interests” as to the              
          assembly work; and (3) “If things were going wrong [as to the               
          assembly line], then PPI would call me in for assistance.”                  
               In MedChem (P.R.), Inc. v. Commissioner, 116 T.C. at 338               
          n.14, we stated as follows:                                                 
               14 We distinguish Frank v. International Canadian Corp., 308           
               F.2d 520 (9th Cir. 1962), a case cited by petitioners to               
               support their assertion that MedChem P.R. actively conducted           
               a trade or business by virtue of its sales activity.  The              
               relevant holding in Frank concerned whether the taxpayer               
               actively conducted a trade or business and did not concern             
               where that trade or business was located.                              
               In the instant cases, EAPR’s activities in Puerto Rico with            
          respect to the video games are critically different from the                
          taxpayer’s activities in MedChem (P.R.), Inc. v. Commissioner,              
          supra (where the taxpayer’s only activities in Puerto Rico were             
          the taking of steps to move the business from Puerto Rico to                
          Massachusetts), and Kewanee Oil Co. v. Commissioner, supra (where           
          substantially all the taxpayer’s relevant income was derived from           
          the sale of substantially all the taxpayer’s relevant business).            
               Our findings (supra I.F.) lead us to conclude that EAPR,               
          through its manager, participated regularly, continually,                   
          extensively, and actively in the management and operation of the            
          manufacturing of video games in Puerto Rico.                                






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