Inverworld, Inc., et al. - Page 242

                                                 - 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 trade                               




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