Guillermo Baez Espinosa - Page 7

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          income from real property located in the United States may elect            
          to treat all such income as though it were effectively connected            
          with a trade or business within the United States.  Under the               
          regulations, an election under section 871(d) is made by "filing            
          with the income tax return required under section 6012 and the              
          regulations thereunder * * * a statement to the effect that the             
          election is being made."  Sec. 1.871-10(d)(1)(ii), Income Tax               
          Regs.  Respondent has treated petitioner's rental income as                 
          effectively connected with a trade or business within the United            
          States, and there is no question before the Court as to whether             
          petitioner's election is valid.                                             
               With these provisions in mind we now turn to section 874(a)            
          which, in pertinent part, provides:                                         
               Return Prerequisite to Allowance.--A nonresident alien                 
               individual shall receive the benefit of the deductions                 
               and credits allowed to him in this subtitle only by                    
               filing or causing to be filed with the Secretary a true                
               and accurate return, in the manner prescribed in                       
               subtitle F (sec. 6001 and following, relating to                       
               procedure and administration), including therein all                   
               the information which the Secretary may deem necessary                 
               for the calculation of such deductions and credits. * *                
               *                                                                      
               Thus, in dealing with rental income, there are three                   
          possible computations of tax liability facing a nonresident alien           
          individual:  (1) If the rental income is not effectively                    
          connected with a trade or business within the United States, and            
          no election is made under section 871(d), then the tax is                   
          computed at the 30-percent rate on gross rental income under                




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