- 65 - (a) manufactured, (b) in Puerto Rico, (c) by EAPR, and that this have been done “within the meaning of subsection (d)(1)(A) of section 954.” Ordinarily, if we do not have a clear authoritative interpretation of this language in section 936(h)(5)(B)(ii) (final flush), then we would examine other Code provisions that use the same language and treat interpretations of any such Code provisions as authoritative, or at least highly persuasive, definitions of this language. See, e.g., supra note 9 and accompanying text, and our analysis of the meaning of “active conduct of a trade or business”. However, we have held that the terms “manufactured” and “produced” are not to be so analyzed. In Spalding v. Commissioner, 66 T.C. 1017 (1976), the taxpayers constructed an 8-foot chain link fence around that portion of their auto wrecking yard in which their employees dismantled autos and stored salvaged parts. Id. at 1019. The issue before us was whether this fence qualified for the investment credit. Id. In order to resolve this issue we had to decide whether the taxpayers’ activity constituted “manufacturing” or “production” within the meaning of section 48(a)(1)(B)(i), I.R.C. 1954. We opined that the taxpayers’ activity apparently would not constitute manufacturing or production under section 954(d)(1)(A) but would under sectionPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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