- 119 - We conclude that LTD’s Currency Fund commission is compensation for investment services. As stated in its promotional material, LTD acted as "Manager" of the Currency Fund. The services that LTD rendered in relation to the Currency Fund included accepting clients' deposits, opening an account with a foreign bank, and issuing clients periodic statements. All of such activities were performed through the office in San Antonio. We disagree with petitioners' contention that only the selling of the fund is to be examined in deciding the source of the commission income. LTD provided many services beyond the initial sale of the fund. We conclude that LTD’s commission was compensation for providing those services, not for selling the fund. In sum, LTD’s management of the Currency Fund entailed performing personal services in San Antonio. Accordingly, we hold that LTD's Currency Fund commission 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). We similarly conclude that LTD’s FEIM Fund commission is compensation for investment services. The services that LTD rendered in relation to the FEIM Fund included accepting clients' deposits, transferring those deposits to Merrill Lynch, and issuing periodic statements to clients. All of those activities were performed through the office in San Antonio. We disagree with petitioners’ contention that only the selling of the fund isPage: Previous 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Next
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