Inverworld, Inc., et al. - Page 92

                                                - 174 -                                                   
                  Additionally, respondent argues that INC had signatory                                  
            authority over the accounts in which funds were held, managed the                             
            investments for the funds, and was responsible for crediting the                              
            accounts of the clients from the funds.  Accordingly, respondent                              
            contends that INC controlled the payment of interest and is                                   
            therefore a withholding agent liable for withholding tax.                                     
                  In the instant case, we conclude that, in its pooled                                    
            investments program, LTD was not the obligor to its clients.  We                              
            have concluded, supra p. 96, that the "real business" of LTD was                              
            to enable Mexican nationals to invest their capital in non-                                   
            Mexican financial markets.  LTD’s clients did not place their                                 
            funds with LTD as an investment in LTD; rather, LTD’s clients                                 
            placed their funds with LTD as a manager, to be invested in non-                              
            Mexican financial markets per the clients’ direction.                                         
                  Respondent has conceded that the exemption for interest on                              
            deposits with persons carrying on the banking business applies to                             
            the interest paid on certificates of deposit in the clients’                                  
            name.  We conclude that LTD’s relationship with its clients with                              
            regard to pooled investments differs in no material respect from                              
            its relationship with its clients with regard to investments                                  
            purchased in the client’s name.  In both investment programs, LTD                             
            had no economic interest in the pooled investments as such but                                
            only an interest in the spread between the rates earned from the                              
            investments and the rates paid by LTD to its clients.  After                                  
            paying to its clients their respective portions of the interest                               





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