Inverworld, Inc., et al. - Page 15

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          creation was from sources within the United States.  Petitioners            
          argue that the income was from sources outside the United States            
          because the promoters provided the counseling, the third party              
          lawyers and fiduciaries performed the incorporation and trust               
          creation services, and INC only passed information among the                
          parties.                                                                    
               For its services of client incorporation and trust creation,           
          LTD charged its clients:4  (1) an "opening expense", which                  
          consisted of LTD's fee and fees for third party lawyers and                 
          fiduciaries, and (2) an "annual expense".  Petitioners did not              
          offer any evidence establishing the amounts received and paid by            
          LTD as fees for third party lawyers and fiduciaries.  Moreover,             
          petitioners did not offer a methodology for apportioning or                 
          attributing LTD's income between LTD's fee and the fees for third           
          party lawyers and fiduciaries.  Furthermore, the record does not            
          provide sufficient information to establish on our own the amount           
          of income that should be apportioned to each source.5                       
          Petitioners bear the burden of proving that the income derived              


          4    As we noted in our prior opinion, the record reveals                   
          instances in which LTD dealt with "related" or favored clients              
          who were charged lower or no fees.                                          
          5    The record contains LTD's charges for opening expenses and             
          annual expenses but does not contain a breakdown of the "opening            
          expense" between LTD's fee and the fees for third party lawyers             
          and fiduciaries.  As to LTD's expenses, the record either does              
          not contain a breakdown of incorporation expenses between fees              
          for third party lawyers and fiduciaries and document fees or does           
          not establish the nature of the "incorporation expenses".                   




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