- 93 - certificates of deposit in LTD’s name. Accordingly, we conclude that Amalgamated Dental is not dispositive of the instant case. Petitioners also rely heavily on Spermacet Whaling & Shipping Co. S/A v. Commissioner, 30 T.C. 618 (1958). In Spermacet, this Court addressed the issue of whether the taxpayer was "engaged in trade or business within the United States" within the meaning of section 231(b) of the 1939 Code, as amended. The taxpayer entered into a contract to provide management services for whaling boats. The Court held that the "business in which * * * [the taxpayer] was engaged was that of managing the [whaling] expedition" and that the taxpayer’s "activities which produced the income in question took place almost entirely on the high seas or in Norway." Id. at 633. Additionally, the Court held that the activities that the taxpayer performed within the United States were "without substance." Id. The Court stated: * * * [the actions in the United States of the taxpayer’s forty percent shareholder] in receiving monthly statements or correspondence involving * * * [the taxpayer], or in paying a limited number of obligations requiring payment in American dollars out of a bank account * * * maintained by * * * [the taxpayer], were ministerial and clerical in nature, involving very little exercise of discretion or business judgment necessary to the production of the income in question. * * * [Id. at 633-634.] Finally, "The holding of the directors’ meetings in New York City solely for the personal convenience of the directors was of no particular consequence." Id. at 634. Accordingly, the CourtPage: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
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