Inverworld, Inc., et al. - Page 11

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            that, "In cases such as these * * * [regarding whether the                                    
            taxpayer is engaged in trade or business within the United                                    
            States], it is a matter of degree, based upon both a quantitative                             
            and a qualitative analysis of the services performed, as to where                             
            the line of demarcation should be drawn."  Id.  In Scottish                                   
            American, the Court decided that the factors to be examined were                              
            the "character" of the activities performed in the U.S. office,                               
            "the purpose for which the office * * * [was] established", and,                              
            to a lesser extent, "the volume of the activities".  Id.                                      
                  In Spermacet Whaling & Shipping Co. S/A v. Commissioner, 30                             
            T.C. 618 (1958), the Court addressed whether the taxpayer, a                                  
            foreign corporation, was "engaged in trade or business within the                             
            United States" within the meaning of section 231(b) of the 1939                               
            Code, as amended.  In interpreting former section 231(b), the                                 
            Court stated:                                                                                 
                        We have consistently held that before a taxpayer                                  
                  can be found to be "engaged in trade or business within                                 
                  the United States" it must, during some substantial                                     
                  portion of the taxable year have been regularly and                                     
                  continuously transacting a substantial portion of its                                   
                  ordinary business in this country.  * * * [Id. at 634                                   
                  and n.10 (citing, inter alia, European Naval Stores                                     
                  Co., S.A. v. Commissioner, supra, and Scottish American                                 
                  Investment Co. v. Commissioner, supra).]                                                
            After summarizing the test pursuant to former section 231(b), the                             
            Court concluded that the taxpayer was not "engaged in any                                     
            substantial, regular, or continuous ordinary business activity in                             
            the United States."  Id. at 634.                                                              






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