Inverworld, Inc., et al. - Page 218

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            office or other fixed place of business in the United States"                                 
            unless the agent performs specified duties.  The physical                                     
            location of the office of an agent, however, is only one factor                               
            of five provided in section 1.864-7, Income Tax Regs., to be                                  
            considered in such a determination.  Section 1.864-7(d)(1)(i),                                
            Income Tax Regs., expressly provides that it applies for purposes                             
            of section 864(c)(4)(B) and section 864(c)(4)(B)(iii), and the                                
            regulations thereunder, but it does not expressly provide that it                             
            is to apply for purposes of section 864(b)(2)(C).  Nonetheless,                               
            because both parties argue their respective positions based on                                
            section 1.864-7(d)(1)(i), Income Tax Regs., and because those                                 
            regulations construe the phrase "office or other fixed place of                               
            business in the United States", which is also found in section                                
            864(b)(2)(C), we use those regulations in the instant case as a                               
            framework to decide whether LTD has "an office or other fixed                                 
            place of business in the United States" for purposes of section                               
            864(b)(2)(C).                                                                                 
                  Section 1.864-7(a)(2), Income Tax Regs., provides that, in                              
            determining whether a taxpayer has "an office or other fixed                                  
            place of business in the United States" within the meaning of the                             
            statute, "due regard shall be given to the facts and                                          
            circumstances of each case, particularly to the nature of the                                 
            taxpayer's trade or business and the physical facilities actually                             
            required by the taxpayer in the ordinary course of the conduct of                             
            his trade or business."  The factors to consider include:  (1)                                




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