Inverworld, Inc., et al. - Page 44

                                                - 130 -                                                   
            to whether or not such asset or such income, gain, or loss was                                
            accounted for through such trade or business."  Sec. 864(c)(2).                               
            The regulations provide that the business-activities test is of                               
            primary significance in cases in which:                                                       
                  (a) dividends or interest are derived by a dealer in                                    
                  stocks or securities, (b) gain or loss is derived from                                  
                  the sale or exchange of capital assets in the active                                    
                  conduct of a trade or business by an investment                                         
                  company, (c) royalties are derived in the active                                        
                  conduct of a business consisting of the licensing of                                    
                  patents or similar intangible property, or (d) service                                  
                  fees are derived in the active conduct of a servicing                                   
                  business.  * * * [Sec. 1.864-4(c)(3)(i), Income Tax                                     
                  Regs.]                                                                                  
                  The regulations, however, add that                                                      
                  In applying the business-activities test, activities                                    
                  relating to the management of investment portfolios                                     
                  shall not be treated as activities of the trade or                                      
                  business conducted in the United States unless the                                      
                  maintenance of the investments constitutes the                                          
                  principal activity of that trade or business.  * * *                                    
                  [Id.]                                                                                   
                                                                                                         
                        e.     Section 864(c)(4)(B) Rules for Income                                      
                               From Sources Without the United States                                     
                  Once a taxpayer is determined to be engaged in the active                               
            conduct of a banking, financing, or similar business within the                               
            meaning of section 1.864-5(b)(2)(i), Income Tax Regs.,20 then all                             
            dividends and interest from sources without the United States are                             

            20                                                                                            
                  The test articulated in sec. 1.864-4(c)(5)(i), Income Tax                               
            Regs., regarding whether a foreign corporation is engaged in the                              
            active conduct of "a banking, financing, or similar business in                               
            the United States" is to be applied.  Sec. 1.864-5(b)(2)(i),                                  
            Income Tax Regs.                                                                              






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