Inverworld, Inc., et al. - Page 53

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            consider whether "the activities of such trade or business were a                             
            material factor in the realization of the income".  Sec.                                      
            864(c)(2)(B).  We have held, supra p. 98, that LTD was engaged in                             
            "trade or business within the United States" pursuant to section                              
            864(b) during its taxable years in issue.  The activities of                                  
            LTD's trade or business relating to the management fee included                               
            instructing banks on the disposition of client assets, working                                
            with brokers on the disposition of client assets, applying client                             
            deposits with LTD to client investments, and paying bills for                                 
            clients.  We conclude that such activities of LTD’s trade or                                  
            business were "a material factor in the realization of the                                    
            income" within the meaning of section 864(c)(2)(B).  We have                                  
            given due regard to the question of whether such income was                                   
            accounted for through such trade or business, and we find LTD's                               
            management fee to have been accounted for through LTD's trade or                              
            business.  Sec. 864(c)(2).  Consequently, we hold that LTD's                                  
            management fee is effectively connected income pursuant to                                    
            section 1.864-4(c)(5)(vi)(b), Income Tax Regs., and section                                   
            864(c)(2)(B).                                                                                 
                        b.     Service Fees                                                               
                               (1) U.S. Certificates of Deposit                                           
                                     and Bank Deposits                                                    
                  Petitioners contend that the income from U.S. certificates                              
            of deposit and bank deposits is personal services income from                                 
            sources without the United States.  Petitioners contend that such                             





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