Inverworld, Inc., et al. - Page 22

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          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-               




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