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