- 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 notPage: Previous 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Next
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