Inverworld, Inc., et al. - Page 64

                                                - 149 -                                                   
                        c.     Interest Income                                                            
                               (1) Loans                                                                  
                  Petitioners contend that the loan interest is not                                       
            effectively connected income because the activities occurring in                              
            INC's office were not the "material factor" underlying the                                    
            interest income.  Petitioners argue that, because INC's only role                             
            in handling the loans to clients was to note that a loan had been                             
            extended and to record the rate agreed between the promoter and                               
            client in Mexico, INC’s activities do not rise to the level of                                
            conducting "a banking, financing, or similar business within the                              
            United States" within the meaning of section 1.864-4(c)(5)(i),                                
            Income Tax Regs.                                                                              
                  Respondent contends that the interest from loans is interest                            
            income from sources without the United States.  Respondent                                    
            contends that such income is effectively connected income because                             
            it falls under one of the types of foreign source income that is                              
            deemed effectively connected pursuant to section                                              
            864(c)(4)(B)(ii).  Additionally, respondent argues that the San                               
            Antonio office was a material factor in the production of the                                 
            interest from loans.                                                                          
                  We have held, supra p. 110, that the loan interest is                                   
            characterized as interest income and is treated as income from                                
            sources without the United States.  Because petitioners’                                      
            effectively connected argument presumes U.S. source income, we                                
            find that argument to have no merit.  Additionally, we need not                               




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