Inverworld, Inc., et al. - Page 70

                                                - 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-                                   




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