- 100 - 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.Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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