- 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. sourcePage: Previous 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 Next
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