Inverworld, Inc., et al. - Page 80

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            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 realization                              




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