- 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.Page: Previous 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Next
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