Inverworld, Inc., et al. - Page 221

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                  business of the employer, irrespective of the rules of                                  
                  paragraph (d)(1) of this section.  * * *  [Sec. 1.864-                                  
                  7(e), Income Tax Regs.]                                                                 
                  (5)  Office or other fixed place of business of a related                               
            person.  The regulations provide:                                                             
                        The fact that a nonresident alien individual or a                                 
                  foreign corporation is related in some manner to                                        
                  another person who has an office or other fixed place                                   
                  of business shall not of itself mean that such office                                   
                  or other fixed place of business of the other person is                                 
                  the office or other fixed place of business of the                                      
                  nonresident alien individual or foreign corporation.                                    
                  Thus, for example, the U.S. office of foreign                                           
                  corporation M, a wholly owned subsidiary corporation of                                 
                  foreign corporation N, shall not be considered the                                      
                  office or other fixed place of business of N unless the                                 
                  facts and circumstances show that N is engaged in trade                                 
                  or business in the United States through that office or                                 
                  other fixed place of business.  However, see paragraph                                  
                  (b)(2) of this section * * * [regarding relatively                                      
                  sporadic or infrequent activities].  * * * [Sec. 1.864-                                 
                  7(f), Income Tax Regs.]                                                                 
                  With the foregoing factors in mind, we consider the facts                               
            and circumstances of the instant case.  The record establishes                                
            that LTD had a fixed facility in the sense that it used the San                               
            Antonio office to engage in its trade or business.  The San                                   
            Antonio office, upon receipt of investment instructions from the                              
            promoters, effected the transactions in question.  The San                                    
            Antonio office’s address was used as LTD’s return address on,                                 
            inter alia, LTD’s early discretionary authorizations, a FEIM Fund                             
            brochure, an Inversat Fund brochure, a brochure for "selected                                 
            investors who are not residents of the U.S.A.", a printed                                     
            newsletter entitled "InverNews", and in documents for a loan to a                             






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