Inverworld, Inc., et al. - Page 68

                                                - 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 by                                 





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