- 143 - 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 UnitedPage: Previous 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 Next
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