- 145 - 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, eitherPage: Previous 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Next
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