- 92 - activities was the San Antonio office. Consequently, we conclude that Piedras Negras does not support petitioners’ position in the instant case. In Abegg, the taxpayer engaged in activities that were not as substantial in both quantity and quality as LTD’s activities in the instant case. In Abegg, the taxpayer engaged in activities solely for its own benefit (viz, collecting dividends and interest, managing existing investments, and investigating new investments). Abegg v. Commissioner, supra at 153-154. In contrast, in the instant case, LTD had clients to whom it provided services and marketed investment products. Additionally, in Abegg, the taxpayer had operations in the United States that we characterized as "planning activities", id. at 154, in contrast to LTD’s operations in the instant case, where LTD’s U.S. operations dealt with third parties and therefore consisted of more than mere "planning activities". Consequently, we conclude that Abegg is not dispositive of the instant case. In Amalgamated Dental, the Court held that the taxpayer was not "engaged in trade or business within the United States" because the relationship between the parties was that of vendor/vendee. Amalgamated Dental Co. v. Commissioner, supra at 1015-1016. We conclude that the facts in the instant case are distinguishable from those in Amalgamated Dental. The relationship between LTD and INC was not that of vendor/vendee. LTD delegated authority to INC, which, inter alia, purchasedPage: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
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