- 110 - 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 thePage: Previous 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Next
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