Inverworld, Inc., et al. - Page 56

                                                - 141 -                                                   
                  We have held, supra pp. 106-107, that LTD's income from U.S.                            
            certificates of deposit and bank deposits is characterized as                                 
            compensation for personal services and is treated as income from                              
            sources within the United States.  Accordingly, as petitioners'                               
            first effectively connected income argument presumes foreign                                  
            source income, we find that argument to have no merit.                                        
            Additionally, because we apply the business-activities test, we                               
            need not address petitioners’ arguments regarding the asset-use                               
            test.                                                                                         
                  LTD’s income from U.S. certificates of deposit and bank                                 
            deposits is any "income, gain, or loss from sources within the                                
            United States" not already described in the first two categories                              
            of U.S. source income and, therefore, falls under the third                                   
            category of U.S. source income of a foreign corporation engaged                               
            in the active conduct of a banking, financing, or similar                                     
            business.  Sec. 1.864-4(c)(5)(vi)(b), Income Tax Regs.                                        
            Accordingly, we analyze LTD’s income from U.S. certificates of                                
            deposit and bank deposits pursuant to either the asset-use or                                 
            business-activities test.  Id.                                                                
                  The business-activities test is of primary significance                                 
            under circumstances, inter alia, where "service fees are derived                              
            in the active conduct of a servicing business".  Sec. 1.864-                                  
            4(c)(3)(i), Income Tax Regs.  LTD’s income from U.S. certificates                             
            of deposit and bank deposits consists of service fees derived in                              






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