Inverworld, Inc., et al. - Page 19

                                                - 108 -                                                   
            paid to LTD,19 including the interest that LTD ultimately paid                                
            out to its clients.  The "Direct Costs" included, primarily, the                              
            interest that LTD paid out to its clients.                                                    
                  Petitioners contest the inclusion of the interest that LTD                              
            paid out to its clients in LTD’s "Gross Receipts" and "Direct                                 
            Costs".  Petitioners note that respondent imposes no tax on the                               
            interest earned by LTD’s clients on certificates of deposit                                   
            purchased in their own name.  Additionally, as to respondent’s                                
            attempt to tax the interest earned on certificates of deposit                                 
            purchased in LTD’s name with the pooled funds of clients,                                     
            petitioners contend that the distinction in the name of the                                   
            instrument holder "does not justify the different tax treatment."                             
                  Petitioners, relying on Estate of Smith v. Commissioner, 313                            
            F.2d 724 (8th Cir. 1963), affg. in part and revg. in part 33 T.C.                             
            465 (1959), argue that the interest paid by LTD to its clients                                
            should not be treated as gross income to LTD.  Petitioners note                               

            19                                                                                            
                  Although the parties did not differentiate among the four                               
            types of interest income from U.S. certificates of deposit, we                                
            observe that there are four types of income earned by LTD from                                
            U.S. certificates of deposit and bank deposits:  the byte, the                                
            basis income, the IFF spread, and the MMA spread.  The byte, the                              
            basis income, and the IFF spread are income derived from LTD’s                                
            certificates of deposit operation.  U.S. banks paid interest on                               
            LTD’s certificates of deposit directly to LTD, which held such                                
            instruments in its own name.  The byte, the basis income, and the                             
            IFF spread constitute portions of such interest from U.S.                                     
            certificates of deposit.  The MMA spread, however, is income                                  
            derived from LTD’s bank accounts.  The U.S. banks paid interest                               
            on LTD’s bank account directly to LTD, which held the account in                              
            its own name.  The MMA spread constituted a portion of such                                   
            interest from U.S. banks.                                                                     




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