Inverworld, Inc., et al. - Page 103

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            is not effectively connected income to the recipient.  Section                                
            1441(a) provides that any person "having the control, receipt,                                
            custody, disposal, or payment of any of the items of income                                   
            specified in * * * [section 1441](b) (to the extent that any of                               
            such items constitutes gross income from sources within the                                   
            United States), of any nonresident alien individual" must deduct                              
            and withhold from such income a tax of 30 percent of the amount                               
            of such income.  The income items specified in section 1441(b)                                
            include, inter alia, dividends.  Section 1461 imposes liability                               
            for the tax due on every person required to deduct and to                                     
            withhold the tax imposed pursuant to section 1441(a).                                         
                  Section 7701(a)(1) provides that the term "person" means and                            
            includes "an individual, a trust, estate, partnership,                                        
            association, company or corporation."  Sec. 7701(a)(16) provides                              
            that the term "withholding agent" means "any person required to                               
            deduct and withhold any tax under the provisions of section 1441,                             
            1442, 1443, or 1461."  The regulations promulgated pursuant to                                
            section 1441 provide:                                                                         
                        For purposes of chapter 3 of the Code, the term                                   
                  "withholding agent" means any person who pays or causes                                 
                  to be paid an item of income specified in � 1.1441-2 to                                 
                  (or to the agent of) a nonresident alien individual, a                                  
                  foreign partnership, a nonresident alien or foreign                                     
                  fiduciary of a trust or estate, or a foreign                                            
                  corporation, and who is required to withhold tax under                                  
                  sections 1441, 1442, 1443, or 1451 from such item of                                    
                  income.  Any person who meets the definition of a                                       
                  withholding agent is required to file the returns                                       
                  prescribed by � 1.1461-1.  * * *  [Sec. 1.1441-7(a)(1),                                 
                  Income Tax Regs.]                                                                       






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