- 191 - the interest from the U.S. pooled investments is interest on "deposits with persons carrying on the banking business" within the meaning of section 871(i)(2)(A) and (3)(A). Consequently, no tax is imposed on the interest from the U.S. pooled investments paid by LTD to its clients. Secs. 871(i)(1), 881(d). Additionally, no tax is required to be deducted and withheld pursuant to section 1441(a) from any amount described in section 871(i)(2). Secs. 1441(c)(10), 1442(a). As to the non-U.S. certificates of deposit and term deposits, we have concluded, supra p. 180, that the interest from such investments is treated as income from sources without the United States. Interest that is treated as income from sources without the United States is not subject to tax pursuant to either section 871(a) or section 881(a). Additionally, interest that is treated as income from sources without the United States is not subject to withholding tax pursuant to either section 1.1441-1, Income Tax Regs., or, therefore, section 1.1442-1, Income Tax Regs. Sec. 1.1441-3(a), Income Tax Regs. Consequently, we hold that neither LTD nor INC is a withholding agent liable for withholding tax with respect to the interest paid on pooled investments during the post-1986 Act years. 5. Discussion of Dividend Income Petitioners contend that they have shown that none of LTD's worldwide gross income was effectively connected and that, because less than 50 percent of LTD's worldwide gross income wasPage: Previous 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 Next
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