- 14 - 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 trustPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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