- 117 - borrowed such funds from LTD, which charged them interest. LTD's MMA II income derived from the difference between the interest that was charged and the interest that was paid out. Accordingly, we hold that the MMA II income is characterized as interest from non-U.S. obligors and is treated as income from sources without the United States. Sec. 862(a)(1). d. Currency Exchange Transactions Income (Currency Swaps and Currency Transactions) Without distinguishing between the two types of currency transactions, see supra pp. 41-43, petitioners contend that the income earned by LTD from those transactions was compensation for personal services rendered entirely in Mexico. Respondent contends that the income was from personal services, or in the alternative, was gain from the sale of personal property, and in either event had its source solely within the United States. We conclude that LTD's income from currency transactions was compensation for the performance of personal services rather than gain from the purchases and sales of personal property. LTD functioned as an intermediary, working in San Antonio and in Mexico to effect its clients’ currency transactions. As to the currency swaps, LTD’s income derived from commissions from Bank of America and United States Trust. As to the currency transactions, LTD’s income derived from the fees it charged its clients for effecting the transactions. Accordingly, we hold that the currency exchange transactions income is characterizedPage: Previous 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Next
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