- 113 - 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 merelyPage: Previous 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Next
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