Inverworld, Inc., et al. - Page 236

                                                 - 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-producing                               




Page:  Previous  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  Next

Last modified: May 25, 2011