- 15 - 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...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011