- 25 - services to LTD relating to currency exchange transactions, including, inter alia, contacting Bank of America and United States Trust to obtain exchange rates and to arrange the currency swaps, depositing or withdrawing dollars or pesos, and maintaining records of LTD's and its clients' positions with respect to the currency transactions. 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, supra; Seagate Tech., Inc. & Consol. Subs. v. Commissioner, supra; Sundstrand Corp. & Subs. v. Commissioner, supra. Petitioners argue that we should "deduct" from the section 482 allocations we made in our prior opinion the income earned from services performed by the promoters in currency transaction type (i), in which LTD arranged sales of dollars to a client in exchange for pesos. As stated above, petitioners argue that an allocation of the gross receipts to INC gives no credit to the role and contribution of the promoters. Petitioners suggest a basis for apportionment in which INC is allocated only a charge in the nature of a fixed, wire transfer fee that would normally be charged in carrying out the services INC "might be called upon to perform." As stated above, we disagree with the premise of petitioners' argument that LTD performed only one type ofPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011