- 163 - financing, or similar business. Sec. 1.864-4(c)(5)(vi)(b), Income Tax Regs. Accordingly, we analyze LTD’s U.S. source currency transactions income pursuant to either the asset-use or business-activities test. Id. The business-activities test is of primary significance under circumstances, inter alia, where "service fees are derived in the active conduct of a servicing business." Sec. 1.864- 4(c)(3)(i), Income Tax Regs. LTD’s U.S. source currency transactions income consists of service fees derived in the active conduct of a servicing business. Consequently, we apply the business-activities test to decide whether such income 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 U.S. source currency transactions income is effectively connected income, we must consider whether "the activities of such trade or business were a material factor in the realizationPage: Previous 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Next
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