Inverworld, Inc., et al. - Page 25

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            bank deposits.  LTD’s client clearing account, from which LTD                                 
            placed clients’ funds in certificates of deposit or bank                                      
            deposits, was located in Frost Bank in San Antonio.  Accordingly,                             
            we hold that the income from U.S. certificates of deposit and                                 
            bank deposits is characterized as compensation for personal                                   
            services performed in the United States and is treated as income                              
            from sources within the United States.  Sec. 861(a)(3).                                       
                               (2)  Non-U.S. Certificates of Deposit                                      
                                     and Term Deposits                                                    
                  As with LTD’s U.S. investment program, we must decide two                               
            issues regarding LTD’s non-U.S. investment program:  (1) The                                  
            proper amount of income in issue and (2) the proper                                           
            characterization of such income.  As to the proper amount of                                  
            income in issue, based on our analysis regarding LTD’s U.S.                                   
            investment program, we similarly conclude that LTD should include                             
            in its income only the amounts that it retained as interest                                   
            spreads from the non-U.S. certificates of deposit and term                                    
            deposits.                                                                                     
                  As to the character of the income, petitioners contend that                             
            the character of the income earned by LTD from non-U.S.                                       
            certificates of deposit and term deposits is interest income                                  
            which should be treated as income from sources without the United                             
            States.  Respondent, however, does not specifically address                                   
            either the character or the source of the income earned from non-                             
            U.S. certificates of deposit or term deposits.  Respondent merely                             





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