The North West Life Assurance Company of Canada - Page 15

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            regulations thereunder govern when income is effectively                                   
            connected to petitioner's business within the United States for                            
            purposes of section 842(a).  Section 842(b)4 prescribes, by                                

            3(...continued)                                                                            
                  connected with the conduct of a trade or business                                    
                  within the United States, the factors taken into                                     
                  account shall include whether--                                                      
                              (A) the income, gain, or loss is derived from                            
                        assets used in or held for use in the conduct of                               
                        such trade or business, or                                                     
                              (B) the activities of such trade or business                             
                        were a material factor in the realization of the                               
                        income, gain, or loss.                                                         
                  In determining whether an asset is used in or held for                               
                  use in the conduct of such trade or business or whether                              
                  the activities of such trade or business were a                                      
                  material factor in realizing an item of income, gain,                                
                  or loss, due regard shall be given to whether or not                                 
                  such asset or such income, gain, or loss was accounted                               
                  for through such trade or business.                                                  
                                   *   *   *   *   *   *   *                                           
                        (4) Income from sources without United States.--                               
                                   *   *   *   *   *   *   *                                           
                              (C) In the case of a foreign corporation                                 
                        taxable under part I * * * of subchapter L, any                                
                        income from sources without the United States                                  
                        which is attributable to its United States                                     
                        business shall be treated as effectively connected                             
                        with the conduct of a trade or business within the                             
                        United States.                                                                 
            4Sec. 842(b) provides in pertinent part:                                                   
                        (1) In general.--In the case of a foreign company                              
                  taxable under part I * * * of this subchapter for the                                
                  taxable year, its net investment income for such year                                
                                                                         (continued...)                




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Last modified: May 25, 2011