- 173 - investments program was LTD. Respondent argues that numerous factors support such contention: The clients had no control over how or where the money was invested; the money of all the clients in all of the different LTD funds was pooled and invested in LTD's name; LTD not only invested the pooled funds in certificates of deposit but also used the pooled funds to make loans to its clients and others, to use in special operations, and to fund Inver Group's own investment projects; the rate of return credited to the clients' accounts did not reflect the rate of return earned by the investments because LTD received all of the interest and paid the clients interest at a previously set rate, retaining the benefit of the spread attributable to the volume of the investments; LTD paid its clients interest, regardless of whether or when LTD itself was paid; and LTD credited interest to its clients, even though it had not yet received the interest payment. Respondent contends that LTD was engaged in trade or business in the United States. Accordingly, respondent argues that, pursuant to the source rules for interest, the interest paid by LTD as obligor was U.S. source income to LTD’s clients. Consequently, respondent contends that LTD is required to withhold tax on the interest it paid to its clients. Respondent contends that LTD is not "carrying on the banking business" for purposes of the exemption for interest on deposits with persons carrying on the banking business.Page: Previous 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 Next
Last modified: May 25, 2011