Inverworld, Inc., et al. - Page 58

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            the client clearing account, and maintaining records of LTD’s and                             
            its clients’ positions with respect to the investments or                                     
            deposits.  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                               
            income from U.S. certificates of deposit and bank deposits to                                 
            have been accounted for through LTD’s trade or business.  Sec.                                
            864(c)(2).  Consequently, we hold that LTD’s income from U.S.                                 
            certificates of deposit and bank deposits is effectively                                      
            connected income pursuant to section 1.864-4(c)(5)(vi)(b), Income                             
            Tax Regs., and section 864(c)(2)(B).                                                          
                               (2) Non-U.S. Certificates of Deposit                                       
                                     and Term Deposits                                                    
                  Petitioners contend that the income from non-U.S.                                       
            investments and term deposits is from sources without the United                              
            States.  Petitioners contend that such income is not effectively                              
            connected income because LTD was not engaged in the active                                    
            conduct of a banking, financing, or similar business in the                                   
            United States, its principal business was not trading in stock or                             
            securities for its own account, and it did not have an office in                              
            the United States to which such income is attributable.                                       
                  Respondent contends that the income from non-U.S.                                       
            investments and term deposits is from sources within the United                               





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