- 94 - stated that "we are convinced that * * * [the taxpayer] was not engaged in any substantial, regular, or continuous ordinary business activity in the United States." Id. at 634. We conclude that the facts in the instant case are distinguishable from those in Spermacet. LTD's activities in the United States, as conducted by LTD directly and through INC, exceeded the mere receipt of LTD’s own monthly statements or correspondence and limited payments of bills from a bank account. LTD received clients’ funds and placed such funds with third parties. Additionally, LTD’s activities in the United States were more extensive than the taxpayer’s "ministerial and clerical" activities in Spermacet. LTD traded in stocks or securities in the United States. A substantial part of the activities that produced LTD’s income took place in San Antonio. In sum, we conclude that Spermacet Whaling & Shipping Co. S/A v. Commissioner, supra, is not dispositive of the instant case. We also conclude that petitioner’s reliance on Scottish Am. Inv. Co., Ltd. v. Commissioner, 12 T.C. 49 (1949), is without merit. In Scottish American, this Court addressed the issue of whether a group of Scottish trusts, by virtue of the activities of an office in the United States, were "engaged in trade or business within the United States" within the meaning of section 231(b) of the 1939 Code, as amended. The Court found the following facts:Page: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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