Inverworld, Inc., et al. - Page 75

                                                - 159 -                                                   
            attributable".  Sec. 864(c)(4)(B); see sec. 1.864-6(b)(2)(ii)(a),                             
            Income Tax Regs.                                                                              
                  Based upon our analysis of the interest from loans, supra                               
            pp. 142-145, and applying a similar analysis to the MMA II                                    
            interest, we hold that the MMA II interest satisfies the three                                
            tests to be applied in deciding whether a taxpayer has "an office                             
            or other fixed place of business within the United States to                                  
            which such income, gain, or loss is attributable" within the                                  
            meaning of section 864(c)(4)(B).  Consequently, we conclude that                              
            the MMA II income is 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 foreign source MMA II income, if it                             
            were U.S. source income, would be effectively connected.                                      
                  LTD’s MMA II 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                                 






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