Inverworld, Inc., et al. - Page 50

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            4(c)(5)(i), Income Tax Regs.  Because section 1.864-5(b)(2)(i),                               
            Income Tax Regs., applies the test articulated in section 1.864-                              
            4(c)(5)(i), Income Tax Regs, we also hold that LTD was "engaged                               
            in the active conduct of a banking, financing, or similar                                     
            business in the United States” within the meaning of section                                  
            1.864-5(b)(2)(i), Income Tax Regs.  Accordingly, we apply the                                 
            special effectively connected income rules for a foreign                                      
            corporation considered to be so engaged.                                                      
                        a.     Management Fees                                                            
                  Petitioners contend that the management fee is income from                              
            sources without the United States.  Petitioners contend that such                             
            fee is not effectively connected income because it is not one of                              
            the types of foreign source income that is deemed effectively                                 
            connected income pursuant to section 864(c)(4)(B) or (C).                                     
                  Respondent contends that the management fee is income from                              
            sources within the United States.  Respondent applies the                                     
            business-activities test only by implication and contends that                                
            the fee is effectively connected income.                                                      
                  We have held, supra p. 101, that the management fee is                                  
            characterized as compensation for personal services and is                                    
            treated as income from sources within the United States.                                      
            Accordingly, as petitioners' effectively connected income                                     
            argument presumes foreign source income, we find that argument to                             
            have no merit.  Although respondent applies the business-                                     






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