- 83 - employees of its own in the San Antonio office, we do not apply the factor of employee activity. Sec. 1.864-7(e), Income Tax Regs. Finally, section 1.864-7(f), Income Tax Regs., provides that the fact that a foreign corporation is related in some manner to another person who has an office or other fixed place of business will not of itself mean that the related person’s office or other fixed place of business is the foreign corporation’s office or other fixed place of business unless the facts and circumstances show that the foreign corporation is engaged in trade or business in the United States through such office or fixed place of business. Based on the record in the instant case, we conclude that the facts and circumstances show that LTD was engaged in trade or business in the United States through INC’s office in San Antonio. As we have discussed, supra pp. 72-73, LTD's involvement and activities in the San Antonio office were extensive, continuous, and regular. Moreover, LTD has not shown that it maintained any other office or fixed place of business. Accordingly, we conclude that the San Antonio office of INC is the office or other fixed place of business of LTD for purposes of section 1.864-7(f), Income Tax Regs. Pursuant to section 1.864-7(a)(2), Income Tax Regs., we have given "due regard" to the facts and circumstances of the instant case, "particularly to the nature of the taxpayer's trade or business and the physical facilities actually required by thePage: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Next
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