Inverworld, Inc., et al. - Page 40

                                                - 127 -                                                   
            to an office or other fixed place of business within the United                               
            States.  Sec. 864(c)(4)(B).  Excepting foreign source income                                  
            deemed effectively connected pursuant to, inter alia, section                                 
            864(c)(4)(B), no foreign source income is treated as effectively                              
            connected.  Sec. 864(c)(4)(A).                                                                
                        b.     Section 1.864-4(c)(5), Income                                              
                               Tax Regs., Banking Activity Test                                           
                  Once a taxpayer is determined to be engaged in the active                               
            conduct of a banking business within the meaning of section                                   
            1.864-4(c)(5)(i), Income Tax Regs., set forth supra p. 64, then                               
            the income of the taxpayer from sources within the United States                              
            is placed in one of three categories, each of which provides an                               
            effectively connected income test.                                                            
                  In the first category of income,                                                        
                  any dividends or interest from stocks or securities, or                                 
                  any gain or loss from the sale or exchange of stocks or                                 
                  securities which are capital assets, which is from                                      
                  sources within the United States and derived by a                                       
                  nonresident alien individual or a foreign corporation                                   
                  in the active conduct during the taxable year of such                                   
                  banking, financing, or similar business in the United                                   
                  States shall be treated as effectively connected with                                   
                  the conduct of that business * * * [Sec. 1.864-                                         
                  4(c)(5)(ii), Income Tax Regs.]                                                          
            only if two conditions are met:  (1) "the stocks or securities                                
            giving rise to such income, gain, or loss are attributable to the                             
            U.S. office through which such business is carried on", and (2)                               
            the stocks or securities either (a) were acquired in one of three                             
            specified ways, or (b) consist of one of three specified types of                             
            securities.  Id.  A security for purposes of section 1.864-                                   




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