Inverworld, Inc., et al. - Page 61

                                                - 146 -                                                   
            purchasing a certificate of deposit from a non-U.S. bank or                                   
            placing the funds in a non-U.S. term deposits, and maintaining                                
            records of LTD’s and its clients’ positions with respect to such                              
            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 non-U.S. certificates of                              
            deposit and term deposits to have been accounted for through                                  
            LTD’s trade or business.  Sec. 864(c)(2).  Consequently, we hold                              
            that LTD’s income from non-U.S. certificates of deposit and term                              
            deposits is effectively connected income pursuant to section                                  
            1.864-4(c)(5)(vi)(b), Income Tax Regs., and section 864(c)(2)(B).                             
                               (3) Pace Investments                                                       
                  Petitioners contend that the Pace investments income is                                 
            income from sources outside the United States.  Petitioners                                   
            contend that the Pace investments income is not effectively                                   
            connected income because it is not one of the types of foreign                                
            source income which is deemed effectively connected income                                    
            pursuant to section 864(c)(4)(B) or (C).                                                      
                  Respondent does not address the issue of whether the Pace                               
            investment income is effectively connected.                                                   
                  We have held, supra p. 109, that the Pace investments income                            






Page:  Previous  136  137  138  139  140  141  142  143  144  145  146  147  148  149  150  151  152  153  154  155  Next

Last modified: May 25, 2011