Electronic Arts, Inc. and Subsidiaries - Page 81




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          respondent’s thesis, that regulations under section 936 must                
          control because the credit that petitioners claim is a credit               
          under section 936.  However, we are not aware of, and petitioners           
          have not directed our attention to, any requirement that a                  
          regulation cannot effectively control a determination under                 
          section 954 unless it is a regulation under section 954.  Section           
          7805(a), the basic regulation-prescribing authority for the                 
          Treasury Department does not impose such a restriction.                     
          Accordingly, we reject petitioners’ thesis, that we follow                  
          regulations numbered 1.954 and ignore regulations numbered 1.936.           
          Instead, we conclude that both section 1.936-5(b)(6), Q&A-1,                
          Income Tax Regs., and section 1.954-3(a)(4), Income Tax Regs.,              
          are authoritative interpretations of the statute and guide us in            
          the instant cases in ruling on EAPR’s eligibility to use the                
          profit split method of section 936(h)(5)(C)(ii), by determining             
          whether or not the video games were manufactured or produced in             
          Puerto Rico by EAPR “within the meaning of (d)(1)(A) of section             
          954.”  To the extent possible, we should harmonize the foregoing            
          regulations.  See, e.g., Bencivenga v. Western Pa. Teamsters, 763           
          F.2d 574, 579 (3d Cir. 1985), where the Court of Appeals                    
          “conclude[d] that in this instance the language of [Treasury]               
          Regulation 1.411(d)-3(b) is not in fact inconsistent with                   
          Regulation 1.411(a)-7(a)(1)(ii).”  We reach the same conclusion             
          with regard to the regulations before us.                                   






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