- 27 - and fiduciaries. Additionally, petitioners seek to reduce the client incorporation fees to an amount that petitioners contend reflects INC's actual contribution to the receipts LTD earned; i.e., no more than a flat, nominal fee for each incorporation. We disagree. In our prior opinion, we found that clients paid LTD to establish offshore corporations and trusts to hold their investments. LTD charged its clients:8 (1) an "opening expense", which consisted of LTD's fee and fees for third party lawyers and fiduciaries, and (2) an "annual expense". The record establishes that the creation of those offshore corporations and trusts included the performance of services by INC as well as by third party lawyers and fiduciaries. On behalf of LTD, INC managed the paperwork for establishing and maintaining the offshore corporations and trusts while the third party lawyers and fiduciaries created the offshore corporations and trusts. We disagree with petitioners' argument that LTD's payments to third party lawyers and fiduciaries should be "deducted" from LTD's gross receipts in deciding the arm's-length fees for INC's services. An arm's-length charge within the meaning of section 1.482-2(b)(3), Income Tax Regs., is an "amount which was charged or would have been charged for the same or similar services in 8 As we noted supra and in our prior opinion, the record reveals instances in which LTD dealt with "related" or favored clients who were charged lower or no fees.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011