SDI Netherlands B.V., f.k.a. SDI International B.V. - Page 13

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          trade or business within the United States or, if so engaged,                      
          that the royalties were not effectively connected with such trade                  
          or business, are also present in the application of section 1441.                  
          See also secs. 1.1442-2 and 1.1441-4, Income Tax Regs.  Compare                    
          sec. 1442(b)9 with sec. 1441(c)10.  Thus, there is no                              
          inconsistency in applying section 1442 rather than section 1441                    
          herein since similar evidence is involved in providing a basis                     
          for determining whether or not a taxpayer is exempt from                           
          withholding under either section.  Inconsistency and the absence                   
          of a need for different evidence are critical elements in                          

          9  Sec. 1442(b) provides:                                                          
                     (b)  Exemption.--Subject to such terms and                              
                conditions as may be provided by regulations prescribed                      
                by the Secretary, subsection (a) shall not apply in the                      
                case of a foreign corporation engaged in trade or                            
                business within the United States if the Secretary                           
                determines that the requirements of subsection (a)                           
                impose an undue administrative burden and that the                           
                collection of the tax imposed by section 881 on such                         
                corporation will not be jeopardized by the exemption.                        


          10  Sec. 1441(c) provides:                                                         
                     (c)  Exceptions.--                                                      
                           (1)  Income connected with United States                          
                     business.--No deduction or withholding under                            
                     subsection (a) shall be required in the case of                         
                     any item of income (other than compensation for                         
                     personal services) which is effectively connected                       
                     with the conduct of a trade or business within the                      
                     United States and which is included in the gross                        
                     income of the recipient under section 871(b)(2)                         
                     for the taxable year.                                                   




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