- 62 - 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.”Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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