- 147 - is characterized as compensation for personal services and is treated as income from sources within the United States. As petitioners' effectively connected income argument presumes foreign source income, we find that argument to have no merit. LTD’s Pace investments income is any "income, gain, or loss from sources within the United States" not already described in the first two categories of U.S. source income and, therefore, falls under the third category of U.S. source income of a foreign corporation engaged in the active conduct of a banking, financing, or similar business. Sec. 1.864-4(c)(5)(vi)(b), Income Tax Regs. Accordingly, we analyze LTD’s Pace investment income pursuant to either the asset-use or business-activities test. Id. The business-activities test is of primary significance under circumstances, inter alia, where "service fees are derived in the active conduct of a servicing business". Sec. 1.864- 4(c)(3)(i), Income Tax Regs. LTD’s Pace investments income consists of service fees derived in the active conduct of a servicing business. Consequently, we apply the business- activities test to decide whether such fee 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-Page: Previous 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 Next
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