Inverworld, Inc., et al. - Page 31

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                  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 is                             




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