- 105 - obligor. Interest on bonds, notes, or other interest-bearing obligations of U.S. residents, corporate or otherwise, is generally treated as income from sources within the United States. Sec. 861(a)(1). The term "resident of the United States", used in section 1.861-2(a)(1), Income Tax Regs. (promulgated pursuant to section 861(a)(1)), includes, inter alia, "a foreign corporation or a foreign partnership, which at any time during its taxable year is engaged in trade or business in the United States." Sec. 1.861-2(a)(2)(iv), Income Tax Regs. Interest that is not treated as income from sources within the United States pursuant to section 861(a)(1) is treated as income from sources without the United States. Sec. 862(a)(1). Additionally, notwithstanding section 861(a)(1) and the regulations thereunder, certain interest is treated as income from sources without the United States. Sec. 1.861-2(b), Income Tax Regs. For LTD's taxable years ended June 30, 1987 through 1989, generally, the source of interest depends on the residence of the obligor. Absent exceptions not applicable in the instant case, interest on bonds, notes, or other interest-bearing obligations of noncorporate residents or domestic corporations is treated as income from sources within the United States. Sec. 861(a)(1). Interest that is not treated as income from sources within the United States pursuant to section 861(a)(1) is treated as income from sources without the United States. Sec. 862(a)(1).Page: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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