Inverworld, Inc., et al. - Page 96

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            Income Tax Regs.24  The regulations, however, do not define                                   
            "carrying on the banking business".  The Commissioner has applied                             
            the section 581 definition of "bank" to interpret the phrase                                  
            "carrying on the banking business" for purposes of section                                    
            861(c).  Rev. Rul. 83-176, 1983-2 C.B. 111, 112.  Section 581                                 
            provides three requirements for an entity to be considered a                                  
            "bank" within the meaning of the statute.  The first requirement                              
            is that the entity must be "a bank or trust company incorporated                              
            and doing business under the laws of the U.S. (including laws                                 
            relating to the District of Columbia) or of any State".  Sec.                                 
            581.  The second requirement is that a substantial part of the                                
            entity's business must consist of "receiving deposits and making                              
            loans and discounts, or of exercising fiduciary powers similar to                             
            those permitted to national banks under the authority of the                                  
            Comptroller of the Currency."  Id.  The third requirement is that                             
            the entity must be "subject by law to supervision and examination                             
            by State * * * or Federal authority having supervision over                                   
            banking institutions."  Id.                                                                   


            24                                                                                            
                  Sec. 1.861-2(b)(1), Income Tax Regs., provides that the                                 
            interest on the deposits with persons carrying on the banking                                 
            business must be "paid or credited before January 1, 1977, to a                               
            nonresident alien individual or foreign corporation".  However,                               
            sec. 1041 of the Tax Reform Act of 1976, Pub. L. 94-455, 90 Stat.                             
            1634, repealed the last sentence of sec. 861(c), which had read:                              
            "Effective with respect to the amounts paid or credited after                                 
            December 31, 1976, subsection (a)(1)(A) and this subsection shall                             
            cease to apply."  Therefore, sec. 1.861-2(b)(1), Income Tax                                   
            Regs., applies to interest paid or credited to a nonresident                                  
            alien individual or foreign corporation after Dec. 31, 1976.                                  
            Rev. Rul. 83-176, 1983-2 C.B. 111, 112.                                                       




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