- 55 - at 337, we interpreted the statute to allow attribution of the services of nonemployees if certain conditions are satisfied. Thus, the courts have interpreted this language to not preclude attribution as a matter of law, but rather as permitting attribution or not depending on the factual setting. A careful examination of respondent’s contention that the plain meaning of the statute and its legislative history precludes attribution leads us to conclude that such a plain meaning cannot be drawn from the statute and its legislative history. 5. Holding We conclude that EAPR’s manufacturing arrangement in Puerto Rico met the requirements of the section 936 active-conduct-of-a -trade-or-business test as we interpreted it in MedChem. This is a highly factual determination. Frank is also persuasive in this context. Further, we conclude that petitioners have met their burden of showing that there is not any genuine issue as to any material fact with respect to whether EAPR actively conducted a trade or business in Puerto Rico within the meaning of section 936(a)(2)(B). Accordingly, we hold that petitioners are entitled to summary judgment on this issue.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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