- 87 - 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 casePage: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
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