Inverworld, Inc., et al. - Page 95

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                  Interest that is not treated as income from sources within                              
            the United States pursuant to section 861(a)(1) is treated as                                 
            income from sources without the United States.  Sec. 862(a)(1).                               
            Notwithstanding section 861(a)(1) and the regulations thereunder,                             
            however, certain interest is treated as income from sources                                   
            without the United States.  Sec. 1.861-2(b), Income Tax Regs.                                 
            One type of interest that is not treated as income from sources                               
            within the United States is interest that is received by a                                    
            nonresident alien individual or a foreign corporation on amounts                              
            described in section 861(c), if such interest is not effectively                              
            connected with the conduct of trade or business within the United                             
            States.  Sec. 861(a)(1)(A).  The amounts described in section                                 
            861(c) include, inter alia, "deposits with persons carrying on                                
            the banking business."  Sec. 861(c)(1).                                                       
                  The Code and the regulations do not define “deposits” for                               
            purposes of section 861(c).  The Commissioner, however, has                                   
            interpreted the term "deposits" to include, for purposes of                                   
            section 861(c), "time certificates of deposit, open account time                              
            deposits, and multiple maturity time deposits, all of which are                               
            interest bearing."  Rev. Rul. 72-104, 1972-1 C.B. 209, 209.                                   
                  The regulations provide that the phrase "persons carrying on                            
            the banking business" includes, for purposes of section 861(c),                               
            citizens of the United States or alien individuals and foreign or                             
            domestic partnerships or corporations.  Sec. 1.861-2(b)(1)(a),                                







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