Electronic Arts, Inc. and Subsidiaries - Page 43




                                       - 43 -                                         
               In view of the foregoing, we conclude that EAPR actively               
          conducted a trade or business in a U.S. possession within the               
          meaning of section 936(a)(2)(B).                                            
          4.  Respondent’s Other Contentions                                          
               a.  Genuine Issues of Material Fact                                    
                               i. Place of Manufacture                                
               Respondent contends as follows on opening brief:                       
               2.   There is a factual dispute as to where the video                  
                    games were manufactured.  * * *  Whether video                    
                    games were manufactured in the Dominican Republic                 
                    or Puerto Rico is a crucial factor in ascertaining                
                    whether EAPR was engaged in the active conduct of                 
                    a trade or business in Puerto Rico.                               
          On answering brief, respondent objects to petitioners’ proposed             
          finding of fact that “The video games at issue that EA purchased            
          from EAPR were manufactured in Puerto Rico. [Stip. � 27]”, as               
          follows:                                                                    
                    22.  Objection.  The evidence establishes that the                
               video games that EA purchased from EAPR were manufactured by           
               PPI employees in PPI’s Dominican Republic facilities as well           
               as in PPI’s Puerto Rico facilities.  See RRPSOF � 17.                  
               However, the parties stipulated as follows:  “27.  The video           
          games at issue that EA purchased were manufactured in Puerto                
          Rico.”  Note that respondent does not contend that EA bought the            
          video games from PPI; respondent accepts petitioners’ contention            
          that EA bought the video games from EAPR.  Respondent’s only                
          objection is as to the geographic location of the manufacturing--           
          the very point that the parties resolved by their stipulation.              






Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011