Electronic Arts, Inc. and Subsidiaries - Page 78




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          urges us to rely on section 1.936-5(b)(6), Q&A-1, Income Tax                
          Regs.16  Petitioners urge us to rely on section 1.954-3(a)(4),              



               16Sec. 1.936-5(b)(6), Q&A-1, Income Tax Regs., provides as             
          follows:                                                                    
               Sec. 1.936-5  Intangible property income when an election              
                    out is made: Product, business presence, and contract             
                    manufacturing.                                                    
                           *    *    *    *    *    *    *                            
                    (b) Requirement of significant business presence--                
                           *    *    *    *    *    *    *                            
                    (6) Manufacturing within the meaning of section                   
               954(d)(1)(A).                                                          
                    Q. 1:  What is the test for determining, within the               
               meaning of section 954(d)(1)(A), whether a product is                  
               manufactured or produced by a possessions corporation in a             
               possession?                                                            
                    A. 1:  A product is considered to have been                       
               manufactured or produced by a possessions corporation in a             
               possession within the meaning of section 954(d)(1)(A) and              
               sec. 1.954-3(a)(4) if--                                                
                    (i)   The property has been substantially transformed             
               by the possessions corporation in the possession;                      
                    (ii)  The operations conducted by the possessions                 
               corporation in the possession in connection with the                   
               property are substantial in nature and are generally                   
               considered to constitute the manufacture or production of              
               property; or                                                           
                    (iii) The conversion costs sustained by the possessions           
               corporation in the possession, including direct labor,                 
               factory burden, testing of components before incorporation             
               into an end product and testing of the manufactured product            
               before sales account for 20 percent or more of the total               
               cost of goods sold of the possessions corporation.                     
               In no event, however, will packaging, repackaging, labeling,           
               or minor assembly operations constitute manufacture or                 
               production of property.  See particularly examples 2 and 3             
               of sec. 1.954-3(a)(4)(iii).                                            





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