- 91 - is engaged in "trade or business within the United States" is whether substantial profit-oriented activities regularly and continuously occur in the United States whether carried on directly by the taxpayer or through agents. Petitioners rely on a line of cases holding that the mere maintenance of records and collection of rents, interest, or dividends through managerial attention to securities does not constitute trade or business. See, e.g., Higgins v. Commissioner, 312 U.S. 212, 218 (1941); Continental Trading, Inc. v. Commissioner, 265 F.2d 40 (9th Cir. 1959); DeKrause v. Commissioner, T.C. Memo. 1974-291. The taxpayer in each of those cases managed only personal investments and/or personal investment income. Because those cases did not address taxpayers who managed the investments of others, as did LTD, we conclude that they are not dispositive of the instant case. Petitioners also cite several cases which are distinguishable on their facts, to wit: Piedras Negras Broadcasting Co. v. Commissioner, 127 F.2d 260 (5th Cir. 1942), affg. 43 B.T.A. 297 (1941); Abegg v. Commissioner, 50 T.C. 145 (1968), affd. 429 F.2d 1209 (2d Cir. 1970), and Amalgamated Dental Co. v. Commissioner, 6 T.C. 1009 (1946). In Piedras Negras, the court held that none of the taxpayer’s income was derived from sources within the United States. Piedras Negras Broadcasting Co. v. Commissioner, supra at 261. In the instant case, we conclude that the main situs of LTD’s income-producingPage: Previous 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Next
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