- 165 - (1) Foreign Source TVA Commissions Petitioners contend that the TVA commission is income from sources outside the United States. Petitioners contend that such commission is not effectively connected because it is not one of the types of foreign source income that is deemed effectively connected income pursuant to section 864(c)(4)(B) or (C). Respondent contends that the TVA commission is from sources within the United States. Respondent contends that such commission is effectively connected income through an implied application of the business-activities test. We have held, supra pp. 116-117, that the TVA commission consists of three types of income, two of which are foreign source personal services income and one of which is U.S. source personal services income. We agree with petitioners that the two foreign source income items are not effectively connected income because they do not fall under one of the types of foreign source income that is deemed effectively connected income pursuant to section 864(c)(4)(B) or (C). Consequently, we hold that those two items are not subject to U.S. taxation. However, petitioners’ argument, which presumes foreign source income, is inapplicable to the TVA administration fee, which is characterized as personal services income and which is treated as income from sources within the United States. We analyze the administration fee with all remaining LTD commissions and fees.Page: Previous 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 Next
Last modified: May 25, 2011