Inverworld, Inc., et al. - Page 211

                                                 - 66 -                                                   
            transactions with persons situated within or without the United                               
            States.  Accordingly, we conclude that LTD performed the                                      
            activities required for a foreign corporation to be considered "a                             
            banking, financing, or similar business in the United States"                                 
            within the meaning of section 1.864-4(c)(5)(i), Income Tax Regs.                              
                  In addition to the listed activities, however, section                                  
            1.864-4(c)(5)(i), Income Tax Regs., requires that the foreign                                 
            corporation "at some time during the taxable year" be "engaged in                             
            business in the United States".  Petitioners argue that certain                               
            trading activities performed by LTD are excludable from the                                   
            determination of whether LTD is engaged in "trade or business                                 
            within the United States" pursuant to section 864(b).                                         
            Petitioners argue that pursuant to section 864(b)(2)(A)(i) and                                
            (ii), LTD’s trading in stocks or securities are excluded from the                             
            determination of whether LTD is engaged in "trade or business                                 
            within the United States".  The activity of "Trading in stocks or                             
            securities through a resident broker, commission agent,                                       
            custodian, or other independent agent" is excluded from the                                   
            definition of "trade or business within the United States".  Sec.                             
            864(b)(2)(A)(i).  The exclusion applies, however, "only if, at no                             
            time during the taxable year, the taxpayer has an office or other                             
            fixed place of business in the United States through which or by                              

            12(...continued)                                                                              
            real estate investment trust, creating offshore corporations and                              
            trusts, purchasing U.S. Treasury bills, and trading in gold and                               
            silver futures.                                                                               




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