Inverworld, Inc., et al. - Page 22

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            within the United States.  Alternatively, respondent argues that                              
            the character of the income is personal services income                                       
            attributable to management activities performed in the United                                 
            States and therefore constitutes personal services income from                                
            sources within the United States.                                                             
                  In Estate of Smith v. Commissioner, 33 T.C. 465 (1959),                                 
            Longstreet-Abbott & Co. (LACO), a commodities trading advisor                                 
            that was a partnership, offered its clients two investment                                    
            opportunities.  The first type of investment was an "Individual                               
            Trading Account" for which LACO purchased and sold, with capital                              
            furnished by the client, commodity futures and spot commodities                               
            in the name of the client.  The second type of investment was a                               
            common "fund" out of which LACO purchased and sold, with capital                              
            furnished by several clients and pooled by LACO, commodity                                    
            futures and spot commodities in the name of the "fund".  As its                               
            compensation, LACO received a portion of the trading profit.                                  
                  LACO "actively solicited individuals to participate in the                              
            Funds" that it managed.  Id. at 485.  LACO’s "only expectation of                             
            income was from the successful management of other individuals’                               
            moneys."  Id.  LACO invested "no money of its own."  Id.  LACO                                
            "only had authority to manage the Funds and to withdraw a certain                             
            share of the profits" and was not permitted to withdraw any                                   
            portion of an investor’s cash contribution.  Id.  Finally, LACO                               
            "had no economic interest in the commodity futures or spot                                    
            commodities as such, but only an interest in a share of the                                   




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