Electronic Arts, Inc. and Subsidiaries - Page 82




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               Section 1.954-3(a)(4)(i), Income Tax Regs., provides the               
          following basic general rule:                                               
                    Foreign base company sales income does not include                
               income of a controlled foreign corporation derived in                  
               connection with the sale of personal property manufactured,            
               produced, or constructed by such corporation in whole or in            
               part from personal property which it has purchased.                    
               [Emphasis added.]                                                      
          The remaining language in subparagraph (4) expands on this basic            
          general rule.  Petitioners’ focus on the text of these expansions           
          ignores the context provided by the general rule, that the                  
          property must have been manufactured or produced by the                     
          corporation that is the subject of the inquiry.                             
               Section 1.936-5(b)(6), Q&A-1, Income Tax Regs., requires in            
          each of its alternatives, that the activity be performed “by the            
          possessions corporation”.  Respondent’s focus on this phrase                
          ignores the fact that corporations pay persons (individuals or              
          other entities) to actually do things, and that the regulation              
          does not tell us whether we are to take into account for these              
          purposes only those things done by employees or officers of the             
          corporation that is the subject of the inquiry.                             
               Neither of the foregoing regulations explicitly allows or              
          disallows “attribution”, even though both of these regulations              
          require that the corporation being tested be the manufacturer or            
          the producer.  Thus, both regulations present the same question             
          of interpretation in almost the same words.  In this respect, the           







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