Inverworld, Inc., et al. - Page 62

                                                - 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-                                






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