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