- 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 inPage: Previous 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Next
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