Inverworld, Inc., et al. - Page 12

                                                - 101 -                                                   
                  Petitioners contend that LTD’s "real business" was "to                                  
            render investment advice to clients in Mexico."  Accordingly,                                 
            petitioners argue that all of the activities relating to LTD’s                                
            business occurred in Mexico:  LTD’s clients were solicited and                                
            advised by Mexican-based promoters in Mexico, their accounts were                             
            opened and approved in Mexico, clients changed their investment                               
            portfolios in consultation with their Mexican promoter, and the                               
            spread (where applicable) was negotiated in Mexico.  Petitioners                              
            contend that INC performed merely ministerial activities in the                               
            United States and did not render any investment advice to clients                             
            in Mexico.  On those premises, petitioners conclude that LTD’s                                
            "real business"--even if INC’s activities were imputed to LTD--                               
            did not occur in the United States.                                                           
                  We disagree.  Contrary to petitioners’ argument, we believe                             
            that the term "performance of personal services within the United                             
            States" for purposes of section 864(b) does not require that LTD                              
            itself perform such "personal services" in order to be engaged in                             
            "trade or business within the United States."                                                 
                  We first look to the "real business" of the taxpayers, the                              
            "doing of what * * * [the taxpayers] were principally organized                               
            to do in order to profit".  Scottish Am. Inv. Co., v.                                         
            Commissioner, supra at 59.  LTD is a corporation organized                                    
            pursuant to the laws of the Cayman Islands.  Based on the record,                             
            we believe that the "real business" of LTD, the doing of what LTD                             






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