Inverworld, Inc., et al. - Page 60

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            certificates of deposit and term deposits consists of service                                 
            fees derived in the active conduct of a servicing business.                                   
            Consequently, we apply the business-activities test to decide                                 
            whether such interest is effectively connected income.                                        
                  Before applying the business-activities test, however, we                               
            must address the exception for activities relating to the                                     
            management of investment portfolios provided in section 1.864-                                
            4(c)(3)(i), Income Tax Regs.  We have held, supra pp. 130-131,                                
            that the investment management portfolio exception is                                         
            inapplicable and, consequently, that LTD’s activities relating to                             
            the management of investment portfolios shall be treated as                                   
            activities of LTD’s trade or business conducted in the United                                 
            States for purposes of applying the business-activities test.                                 
                  In applying the business-activities test to decide whether                              
            LTD’s income from non-U.S. certificates of deposit and term                                   
            deposits is effectively connected income, we must 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 its income from non-U.S. certificates of                              
            deposit and term deposits included receiving clients’ funds,                                  
            depositing such funds in the client clearing account, either                                  






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