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