- 22 - Moreover, we held in our prior opinion that respondent's allocations are arbitrary insofar as respondent failed to identify which activities of INC earned what revenue and failed to distinguish income earned by LTD from income earned by INC. Petitioners argue that even an allocation of the net amount of revenues is "excessive" because INC only made "bookkeeping entries" and that the FEIM Fund allocation should be reduced to zero because INC's only role was to arrange for the transfer of client funds and to include a monthly statement of the client's share of the fund value. Notwithstanding petitioners' characterization of INC's services, INC did in fact render services to LTD related to the Currency Fund and the FEIM Fund. INC, as to both funds, inter alia, accepted clients' deposits and issued periodic statements to clients, and, as to the FEIM Fund, transferred clients' deposits to Merrill Lynch. As respondent determined that income should be allocated to INC pursuant to section 482, INC's true taxable income from its performance of such services must be ascertained; i.e., the taxable income that would have resulted to INC in an arm's-length transaction. See Altama Delta Corp. v. Commissioner, 104 T.C. 424, 456 (1995); Seagate Tech., Inc. & Consol. Subs. v. Commissioner, 102 T.C. 149, 164 (1994); Sundstrand Corp. & Subs. v. Commissioner, supra at 353. In our prior opinion, we held that, as to INC's income derived from rendering services to LTD related to the Currency Fund and the FEIM Fund, petitioners failed to meet the arm's-Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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