- 15 - 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".Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011