- 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.Page: Previous 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Next
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