- 35 - 13 It is quite true that the court in the International Canadian case stated (p. 525) that the active conduct requirement “is to disqualify corporations which are ‘inactive’ in the sense that they receive investment income rather than business income.” But that statement was made in the context of a situation where the taxpayer was engaged regularly and actively in the business of making sales in Canada, and the income in question was derived from such sales. The court obviously did not give any consideration to the applicability of the statute to an isolated transaction of the type before us, and we do not give that language the possible expansive reading that would include such a transaction within the “active conduct” clause. 14 This understanding of the statutes’ purpose conforms well to the Commissioner’s position that interest income, which would otherwise constitute “passive” income outside the purview of sec. 921(2), meets the “active conduct” requirement when received from the taxpayer’s customers on account of their credit obligations arising from the regular and recurring conduct of the taxpayer’s business. Rev. Rul. 65-290, 1965-2 C.B. 241. In Kewanee Oil Co. v. Commissioner, 62 T.C. at 738, we held that the taxpayer’s income from the sale of “substantially all of its oil- and gas-producing property and associated equipment, the source of virtually its entire revenues until that time” was derived from the termination of the major portion of its business and not from the active conduct thereof; accordingly, * * * [the taxpayer] did not meet the “active conduct” requirement set forth in section 921 and was therefore not entitled to the deduction provided in section 922. [Id. at 739.] In United States Gypsum Co. v. United States, 304 F. Supp. at 642-643, the opinion upon which respondent relies, the District Court discussed approvingly the opinion of the Court of Appeals for the Ninth Circuit in Frank v. International Canadian Corp., supra. The District Court then contrasted the factualPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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