- 152 - within the meaning of the section 1.864-7(d)(3)(i), Income Tax Regs. Accordingly, INC's office shall not be disregarded in the examination of whether LTD has an office or other fixed place of business for purposes of section 864(c)(4)(B). We have held, supra p. 79, with regard to the exclusion for trading in stocks or securities pursuant to section 864(b)(2)(C) that LTD has "an office or fixed place of business in the United States" within the meaning of section 1.864-7, Income Tax Regs. Consequently, we hold that LTD has "an office or other fixed place of business in the United States" for purposes of section 864(c)(4)(B). The second test provides that income, gain, or loss is not to be considered as attributable to an office or fixed place of business within the United States unless such office or fixed place of business is a material factor in the production of such income, gain, or loss. Sec. 864(c)(5)(B). The regulations provide that loan interest meets the materiality test if it satisfies either of the following alternative requirements: the office or other fixed place of business either actively participates in soliciting, negotiating, or performing other activities required to arrange, the issue, acquisition, sale, or exchange, of the asset from which such income, gain, or loss is derived or performs significant services incident to such issue, acquisition, sale, or exchange. * * * [Sec. 1.864- 6(b)(2)(ii), Income Tax Regs.] The San Antonio office meets both of the alternative requirements. As to the first requirement, the office actively arranged the loan from which the loan interest was derived byPage: Previous 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 Next
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