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Trade Or Business Within The United States As N Interpretive Problem Under The Internal Revenue Code: Five Propositions, Anthony P. Polito

Anthony P Polito

Whether a particular set of activities constitute the conduct of a trade or business within the United States is an ongoing interpretive question affecting many foreign taxpayers. It controls what form of U.S. taxation, if any, applies to them. In the domestic context a trade or business entails profit-oriented non-investment activity that is regular, continuous and considerable. It is tempting, in the transition to the international context, to conclude that the conduct of a trade or business within the U.S. requires that the taxpayer’s U.S. activities must be regular continuous, and considerable, and the standard is often articulated in this …