- 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
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