- 115 - of certificates of deposit issued by foreign branches of Mexican banks and that the character of the Pace investments income is therefore interest income. Petitioners contend that the Pace investments income is from sources without the United States because the obligors were foreign. Respondent does not specifically address either the character or the source of the Pace investments income. Respondent merely argues that petitioners have failed to prove that the income is from a foreign source. Petitioners' contention that the Pace investments were merely purchases of certificates of deposit issued by foreign branches of Mexican banks is unsupported by the record. We believe that the Pace investments constituted a specialized mechanism for clients to draw upon their unused lines of credit. The income that LTD earned from its Pace investments was the excess of (1) the sum of the interest earned from the Mexican banks and the fees earned from the clients, over (2) the interest paid to the clients as their stated rate of return. We conclude that such income represented compensation for services rendered in San Antonio in arranging the Pace investments. Accordingly, we hold that the Pace investments income 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).Page: Previous 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Next
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