United States First Circuit

A taxpayer corporation owed a tax deficiency where it failed to meet the "active conduct of a trade or business" requirement of the Internal Revenue Code's Puerto Rico and Possession Tax Credit provision (26 U.S.C. section 936), based on its requisite gross income over the relevant three-year period.

Appellate Information

• Decided 07/10/2002
• Published 07/10/2002

Judges

• LYNCH, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David A. Hickerson with whom Lisa R. Fine and Weil, Gotshal & Manges, LLP were on brief for appellant., A. Duane Webber and Baker & McKenzie on brief for Electronic Arts Puerto Rico, Inc., amicus curiae.


• For Appellees:
  
• David English Carmack, Attorney, Tax Division, Department of Justice, with whom Eileen J. O'Connor, Assistant Attorney General, and Kenneth W. Rosenberg, Attorney, Tax Division, Department of Justice, were on brief for appellee.