Inverworld, Inc., et al. - Page 52

                                                - 138 -                                                   
            meaning of section 1.864-4(c)(3)(i), Income Tax Regs.   Although                              
            regulations do not define "principal activity" for the purposes                               
            of section 1.864-4(c)(3)(i), Income Tax Regs., in interpreting                                
            such words, we look to their "ordinary, everyday senses."                                     
            Soliman v. Commissioner, 506 U.S. 168, 174 (1993), and the cases                              
            cited therein.  The term "principal" has been defined to mean                                 
            "most important, consequential, or influential."  Id. at 174                                  
            (quoting Webster’s Third New International Dictionary 1802 (1971)                             
            and defining "principal place of business" for purposes of the                                
            home office deduction pursuant to section 280A(c)(1)).                                        
                  In the instant case, the "maintenance" of investments, which                            
            is equated in section 1.864-4(c)(3)(i), Income Tax Regs., to the                              
            "management" of investments, constitutes the "most important,                                 
            consequential, or influential" activity of LTD's trade or                                     
            business as seen by both its total activities and total income.                               
            Accordingly, we conclude that the "maintenance" of investments                                
            constitutes the principal activity of LTD's trade or business                                 
            within the meaning of section 1.864-4(c)(3)(i), Income Tax Regs.                              
            Consequently, we hold that LTD’s activities relating to the                                   
            management of investment portfolios shall be treated as                                       
            activities of LTD’s trade or business conducted in the United                                 
            States for purposes of applying the business-activities test.                                 
                  In applying the business-activities test to decide whether                              
            the management fee is effectively connected income, we must                                   






Page:  Previous  128  129  130  131  132  133  134  135  136  137  138  139  140  141  142  143  144  145  146  147  Next

Last modified: May 25, 2011