- 160 - 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. Accordingly, we analyze LTD’s MMA II interest pursuant to either the asset-use or business- activities test. Id. We have held, supra pp. 146-147, that LTD is “a dealer in stocks or securities” within the meaning of section 1.864- 4(c)(3)(i), Income Tax Regs. Accordingly, LTD’s MMA II interest is interest derived by a dealer of stocks or securities within the meaning of section 1.864-4(c)(3)(i), Income Tax Regs. Consequently, we apply the business-activities test to decide whether such interest is effectively connected income. Before applying the business-activities test, however, we must address the exception for activities relating to the management of investment portfolios provided in section 1.864- 4(c)(3)(i), Income Tax Regs. We have held, supra pp. 130-131, that the investment portfolio management exception is inapplicable and, consequently, that LTD’s activities relating to the management of investment portfolios shall be treated as activities of LTD’s trade or business conducted in the United States for purposes of applying the business-activities test. In applying the business-activities test to decide whether the MMA II interest is effectively connected income, we must consider whether "the activities of such trade or business were a material factor in the realization of the income". Sec.Page: Previous 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Next
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