- 97 - Id. at 51. The trusts’ office in the United States was advised of the purchases and sales executed by the resident brokers "so that it would make the proper entries on its books." Id. at 56. Unlike the trusts in Scottish American, LTD did not use independent resident brokers to effect transactions in securities for its own account during the years in issue. Rather, LTD’s business consisted primarily of trading for its clients’ accounts through transactions effected by its wholly owned subsidiary INC at the latter’s office in the United States. In sum, we conclude that Scottish American is not dispositive of the instant case. Consequently, we conclude that case law does not allow LTD to exclude any of its trading activities from the consideration of whether it was engaged in "trade or business within the United States" pursuant to section 864(b). One final inquiry into the issue of whether LTD was engaged in "trade or business within the United States" remains. Although LTD’s trading activities are not eligible for exclusion from "the performance of personal services" for purposes of section 864(b), LTD is not automatically deemed to be engaged in "trade or business within the United States." Sec. 1.864-2(e), Income Tax Regs. The fact that a party "is not determined by reason of this section to be not engaged in trade or business within the United States is not to be considered a determination that such person is engaged in trade or business within the United States." Id. Whether such a person is engaged in tradePage: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
Last modified: May 25, 2011