Inverworld, Inc., et al. - Page 47

                                                - 133 -                                                   
                  For purposes of section 864(c)(4)(B), three rules apply in                              
            determining whether the taxpayer has "an office or other fixed                                
            place of business within the United States to which such income,                              
            gain, or loss is attributable".  Sec. 864(c)(5).                                              
                  The first rule is:                                                                      
                  in determining whether a nonresident alien individual                                   
                  or a foreign corporation has an office or other fixed                                   
                  place of business, an office or other fixed place of                                    
                  business of an agent shall be disregarded unless such                                   
                  agent (i) has the authority to negotiate and conclude                                   
                  contracts in the name of the nonresident alien                                          
                  individual or foreign corporation and regularly                                         
                  exercises that authority or has a stock or merchandise                                  
                  from which he regularly fills orders on behalf of such                                  
                  individual or foreign corporation, and (ii) is not a                                    
                  general commission agent, broker, or other agent of                                     
                  independent status acting in the ordinary course of his                                 
                  business. * * *  [Sec. 864(c)(5)(A).]                                                   
            The regulations promulgated thereunder are set forth supra pp.                                
            69-72.                                                                                        
                  The second rule is:                                                                     
                  income, gain, or loss shall not be considered as                                        
                  attributable to an office or other fixed place of                                       
                  business within the U.S. unless such office or fixed                                    
                  place of business is a material factor in the                                           
                  production of such income, gain or loss and such office                                 
                  or fixed place of business regularly carries on                                         
                  activities of the type from which such income, gain, or                                 
                  loss is derived.  * * *  [Sec. 864(c)(5)(B)]                                            
            See also sec. 1.864-6(b)(1), Income Tax Regs.  Additionally, the                              
            income, gain, or loss must be "realized in the ordinary course of                             
            the trade or business carried on through that office or other                                 
            fixed place of business."  Sec. 1.864-6(b)(1), Income Tax Regs.                               
                  The regulations provide guidance in applying the material                               





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