Electronic Arts, Inc. and Subsidiaries - Page 62




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          Rul. 81-272, 1981-2 C.B. 116) and on Rev. Rul. 75-7, 1975-2 C.B.            
          244, to show that EAPR was the manufacturer.  Petitioners contend           
          that what EAPR did satisfied the congressional purpose of                   
          creating jobs in Puerto Rico.                                               
               In response to respondent’s “expressio unius” contentions,             
          petitioners maintain that the Congress’s inclusion of “contract             
          manufacturing” as a consideration in section                                
          936(h)(5)(B)(iii)(II) that limits the ability of a corporation to           
          qualify for significant business presence treatment, should                 
          properly lead to a conclusion that contract manufacturing does              
          not otherwise limit the ability of a corporation to so qualify.             
               In response to respondent’s contention that the video games,           
          or some of them, were manufactured in the Dominican Republic,               
          petitioners rely on the stipulation that the video games were               
          manufactured in Puerto Rico.                                                
               On opening brief, petitioners state that EAPR satisfied the            
          first prong “and Respondent does not contend otherwise.”                    
          Respondent states that “Respondent did not contend otherwise,               
          however, until having obtained the unsigned Declaration of Miguel           
          Orlando Alvarado.”  The only objection that respondent then                 
          states as to the first prong is that “it is highly likely that              
          some of the direct labor costs claimed by Petitioners to have               
          been expended in the possession were really expended in the                 
          Dominican Republic.”                                                        






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