Inverworld, Inc., et al. - Page 111

                                                - 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 was                              





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