- 150 - address petitioners’ argument regarding INC because the proper examination is with respect to LTD. The loan interest is compensation for loans to LTD's clients that LTD made in the active conduct of its trade or business in the United States. Accordingly, the loan interest is "interest" because it is "compensation for the use or forbearance of money." Deputy v. DuPont, 308 U.S. 488, 498 (1940). We have held, supra p. 98, that LTD was "engaged in the active conduct of a banking, financing, or similar business in the United States" within the meaning of section 1.864-4(c)(5)(i), Income Tax Regs. Consequently, we hold that LTD was "engaged in the active conduct of a banking, financing, or similar business within the United States" within the meaning of section 864(c)(4)(B)(ii). Accordingly, the loan interest is interest that is "derived in the active conduct of a banking, financing, or similar business within the United States" within the meaning of section 864(c)(4)(B)(ii). The loan interest is "interest from sources without the United States" other than interest from stocks or securities and, therefore, falls under the third category of foreign source income of a foreign corporation engaged in the active conduct of a banking, financing, or similar business within the United States. Sec. 1.864-6(b)(2)(ii)(d)(2), Income Tax Regs. Accordingly, in deciding whether such interest is effectivelyPage: Previous 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 Next
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