Inverworld, Inc., et al. - Page 233

                                                 - 88 -                                                   
            because LTD's principal business was not trading in stocks or                                 
            securities for its own account and because LTD's principal office                             
            was located outside the United States during each of such years.                              
                  Respondent argues that the section 864(b)(2)(A)(ii)                                     
            exclusion of trading for the taxpayer's own account does not                                  
            apply to any of the transactions in LTD’s financial services                                  
            business.  Additionally, respondent argues that the exception in                              
            section 1.864-2(c)(2)(iv)(b)(2), Income Tax Regs., is unavailable                             
            because LTD had an office or other fixed place of business in the                             
            United States.                                                                                
                  We agree with respondent.  In the instant case, LTD was                                 
            regularly engaged in purchasing certificates of deposit and term                              
            deposits from U.S. and foreign banks as attorney in fact for its                              
            clients and was regularly engaged in selling evidences of an                                  
            interest in such financial instruments with a view to making                                  
            profits from such transactions.  The certificates of deposit and                              
            term deposits purchased by LTD are "evidences of indebtedness"                                
            and are therefore securities within the meaning of section 1.864-                             
            2(c)(2)(i), Income Tax Regs.16  The interests in IFF and the non-                             
            U.S. certificates of deposit are "interests in evidences of                                   
            indebtedness" and are therefore securities within the meaning of                              





            16                                                                                            
                  See supra note 13.                                                                      




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