- 154 - Antonio office is a material factor in the realization of the loan interest for the taxable years in issue, such income is considered to be allocable in its entirety to the San Antonio office. Sec. 1.864-6(c)(1), Income Tax Regs. Accordingly, because LTD satisfies the three tests regarding its office or other fixed place of business, we conclude that its foreign source loan interest is treated as effectively connected income pursuant to section 1.864-6(b)(2)(ii)(d)(2), Income Tax Regs., and section 864(c)(4)(B). Nonetheless, any foreign source income deemed effectively connected shall not be treated as effectively connected if such income, assuming it were derived by the taxpayer from sources within the United States for the taxable year, would not be treated as effectively connected pursuant to the rules for U.S. source income. Sec. 1.864-5(a), Income Tax Regs. Accordingly, we must analyze whether LTD’s loan interest, if it were U.S. source income, would be effectively connected income. LTD’s loan interest, if U.S. source, would be any "income, gain, or loss from sources within the United States" not already described in the first two categories of U.S. source income and, therefore, would fall under the third category of U.S. source income of a foreign corporation engaged in the active conduct of a banking, financing, or similar business. Sec. 1.864- 4(c)(5)(vi)(b), Income Tax Regs. Consequently, we analyze LTD’s loan interest pursuant to either the asset-use or business-Page: Previous 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 Next
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