Electronic Arts, Inc. and Subsidiaries - Page 48




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          describe the events they deal with, and (2) the events that                 
          occurred before Alvarado was hired were consistent with these               
          statements--except, of course, to the extent that the statements            
          are contrary to the parties’ stipulations.  We give little weight           
          to the Cruz declaration’s account of the 2 weeks when he was                
          Zamora’s assistant and the 1-1/2 weeks after Zamora’s death.                
               We conclude from the foregoing that, for the period before             
          the Court, EAPR’s employees provided substantial supervision to             
          the PPI employees (the lease employees) who did the video game              
          manufacturing for EAPR in Puerto Rico.  Although there is room              
          for further factual development, the material offered by                    
          respondent leads us to the conclusion that, if any such                     
          development were to show us that respondent’s proffered materials           
          fully and accurately described the facts, then we would conclude            
          that the supervision requirement of MedChem has been satisfied.             
               In other words, on this issue, petitioners win on the facts            
          as described in respondent’s materials.  Thus, although there may           
          be a genuine issue as to the extent of EAPR’s supervision of the            
          manufacturing process, there is not a genuine issue as to a                 
          material fact with regard to EAPR’s qualification for possession            
          tax credits for the years in issue.                                         











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