Inverworld, Inc., et al. - Page 82

                                                - 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.                               






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