- 82 - over the continuous period of time in issue. INC’s authority to purchase certificates of deposit and term deposits was not "limited only to unusual cases", and its authority was not "separately secured" by INC from LTD "with respect to each transaction effected." The exercise of INC’s authority was not merely occasional or infrequent. Accordingly, we conclude that INC exercised its authority to negotiate and to conclude contracts with the regularity and continuity required by section 1.864-7(d)(i)(ii), Income Tax Regs. Consequently, we hold that INC is a dependent agent who had "the authority to negotiate and conclude contracts" in the name of the foreign corporation LTD and "regularly" exercised such authority within the meaning of section 1.864-7(d)(1)(i), Income Tax Regs. As INC is a dependent agent which had "the authority to negotiate and conclude contracts" in the name of LTD and "regularly" exercised such authority over a continuous period of time, INC’s office will not be disregarded in determining whether LTD had an office or other fixed place of business within the meaning of section 1.864-7(d), Income Tax Regs. Sec. 1.864- 7(d)(3)(i), Income Tax Regs. Accordingly, we conclude that INC’s office is to be used in deciding whether LTD had "an office or other fixed place of business in the United States" within the meaning of section 1.864-7(d), Income Tax Regs. As INC is a corporation, and respondent makes no argument that its separate existence should be ignored, and as LTD had noPage: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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