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or business were "a material factor in the realization of the
income" within the meaning of section 864(c)(2)(B).
Consequently, we do not reconsider our holding that LTD's U.S.
source currency exchange transactions income is effectively
connected income pursuant to section 1.864-4(c)(5)(vi)(b), Income
Tax Regs., and section 864(c)(2)(B).
B. Client Incorporation and Trust Creation Fees
Petitioners request that we reconsider our finding in our
prior opinion regarding the client incorporation fees that "the
incorporation package completed by the lawyers or fiduciaries was
then returned to INC, which returned the package to the client in
Mexico." Petitioners contend that the incorporation packages
were returned not to the client in Mexico but rather to the
promoters, who then dealt directly with their clients. Our
finding was based upon petitioners' proposed finding in their
opening brief, which was supported by the record. The proposed
finding states: "The incorporation package, completed by these
lawyers and fiduciaries, was then returned to San Antonio. From
there, it was forwarded back to the client in Mexico."
Petitioners' proposed finding of fact makes no mention of
promoters in the process of sending the incorporation package
from INC to the client in Mexico. Accordingly, we do not
reconsider such finding.
Additionally, petitioners request that we reconsider our
holding that LTD's income from client incorporation and trust
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