Inverworld, Inc., et al. - Page 217

                                                 - 72 -                                                   
            section 1.864-7(d)(1)(i), Income Tax Regs.14  Accordingly,                                    
            petitioners contend that INC's office in San Antonio should not                               
            be considered LTD's "office or other fixed place of business" in                              
            the United States because INC did not have the authority to                                   
            negotiate or to conclude contracts on behalf of LTD.  Petitioners                             
            argue that, "Even if INC is deemed to be a dependent agent, by                                
            its agreement with LTD it had 'no authority to act for,                                       
            represent, bind or obligate * * * [LTD]' without first obtaining                              
            LTD’s consent and in fact it did not do so without first                                      
            obtaining the consent of LTD."                                                                
                  Respondent also seeks to apply section 1.864-7(d)(1)(i),                                
            Income Tax Regs., contending that INC's San Antonio office should                             
            be considered LTD's office for the purpose of applying the                                    
            regulation.                                                                                   
                  Section 1.864-7(d)(1)(i), Income Tax Regs., provides that                               
            the office of an agent who is not an independent agent will be                                
            disregarded in the determination of whether a taxpayer has "an                                

            14                                                                                            
                  Sec. 1.864-7(d)(1)(i), Income Tax Regs., provides:                                      
                        In determining whether a nonresident alien                                        
                  individual or a foreign corporation has an office or                                    
                  other fixed place of business, the office or other                                      
                  fixed place of business of an agent who is not an                                       
                  independent agent, as defined in subparagraph (3) of                                    
                  this paragraph, shall be disregarded unless such agent                                  
                  (a) has the authority to negotiate and conclude                                         
                  contracts in the name of the nonresident alien                                          
                  individual or foreign corporation, and regularly                                        
                  exercises that authority, or (b) has a stock of                                         
                  merchandise belonging to the nonresident alien                                          
                  individual or foreign corporation from which orders are                                 
                  regularly * * * [filled] on behalf of such alien                                        
                  individual or foreign corporation * * *.                                                



Page:  Previous  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  Next

Last modified: May 25, 2011