Inverworld, Inc., et al. - Page 232

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            individual and a foreign corporation.  Sec. 1.864-2(c)(2)(iv)(b),                             
            Income Tax Regs.  The exception applies, however, "only if the                                
            foreign person at no time during the taxable year has an office                               
            or other fixed place of business in the United States through                                 
            which, or by the direction of which, the transaction in stocks or                             
            securities are effected."  Id.                                                                
                  Section 864(b)(2)(A)(ii) describes the second type of                                   
            foreign person that is ineligible for the exclusion of trading                                
            for one’s own account, to wit:                                                                
                  A corporation (other than a corporation which is, or                                    
                  but for section 542(c)(7), 542(c)(10), or 543(b)(1)(C),                                 
                  would be, a personal holding company) the principal                                     
                  business of which is trading in stocks or securities                                    
                  for its own account, if its principal office is in the                                  
                  United States.                                                                          
                  Petitioners argue that certain of LTD’s trading activities                              
            are eligible to be excluded pursuant to section 864(b)(2)(A)(ii)                              
            from the determination of whether LTD is engaged in "trade or                                 
            business within the United States" pursuant to section 864(b).                                
            Specifically, petitioners argue that the transactions LTD                                     
            undertook in its own name qualify for exclusion pursuant to                                   
            section 864(b)(2)(A)(ii).  Additionally, petitioners contend that                             
            the transactions LTD undertook in its clients' names qualify for                              
            exclusion pursuant to the exception for certain dealers in stocks                             
            or securities provided in section 1.864-2(c)(2)(iv)(b)(2), Income                             
            Tax Regs.  Petitioners argue that the foreign corporation                                     
            exception to the exclusion does not apply in the instant case                                 





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