Inverworld, Inc., et al. - Page 35

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                               (3) TVA                                                                    
                  Petitioners contend that the character of the TVA commission                            
            is personal services income because such commission is                                        
            compensation for investment services.  Petitioners contend that                               
            the commission should be treated as income from without the                                   
            United States because the services relating to the TVA project                                
            were provided in Mexico.  Petitioners argue that the                                          
            services relating to the TVA project relevant for sourcing                                    
            purposes include only the underwriting activities.  Petitioners                               
            maintain that the TVA project's only connection to the United                                 
            States was that INC recorded money going in or out of a client                                
            account.                                                                                      
                  Respondent contends that the commission should be treated as                            
            income from sources within the United States because the                                      
            investment services relating to the TVA project were provided in                              
            San Antonio.                                                                                  
                  The TVA commission includes three types of income, and we                               
            analyze each type individually.  As to the first type of income,                              
            we conclude that LTD’s 5-percent commission on the total funds                                
            raised was compensation for personal services.  The services that                             
            LTD rendered in relation to the 5-percent commission included                                 
            formulating the prospectus and executing the marketing program to                             
            solicit venture capital.  We conclude that such services were                                 
            performed in Mexico.  In sum, LTD’s activities relating to the 5-                             
            percent commission consisted of performing personal services in                               




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