Inverworld, Inc., et al. - Page 24

                                                - 112 -                                                   
            interest from either certificates of deposit or bank deposits on                              
            behalf of its clients, LTD paid to its clients their respective                               
            portions of the interest and retained only LTD’s spread.                                      
            Accordingly, we conclude that LTD should include in its income                                
            only the amounts that it retained as interest spreads from                                    
            certificates of deposit and bank deposits.                                                    
                  As to the character of the income, we agree with petitioners                            
            that LTD’s portion of the interest income is compensation for                                 
            services.  We conclude that LTD functioned in a manner not unlike                             
            LACO in Estate of Smith.  LTD placed clients’ funds in                                        
            certificates of deposit and bank deposits in the client’s own                                 
            name and in LTD’s name.  LTD’s only expectation of income was                                 
            from the management of its clients’ moneys, for which it received                             
            a management fee, as discussed supra pp. 100-101.  The rate                                   
            spreads that LTD retained also derived from placing its clients’                              
            funds in certificates of deposit and bank deposits.  Accordingly,                             
            we conclude that such income was compensation for services.                                   
                  Based on the record, we believe that the activities from                                
            which LTD earned its interest spreads were services that were                                 
            performed in San Antonio.  Petitioners argue that the investment                              
            management services performed in Mexico (i.e., the counseling of                              
            clients) produced the income in issue.  We disagree.  As we view                              
            the evidence in the instant case, we conclude that the most                                   
            important activity in producing the interest spread income was                                
            the actual placing of funds in the certificates of deposit or the                             




Page:  Previous  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  Next

Last modified: May 25, 2011