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Sec. 1.861-7 Sale of personal property.

(a) General.

Gains, profits, and income derived from the purchase and sale of personal property shall be treated as derived entirely from the country in which the property is sold. Thus, gross income from sources within the United States includes gains, profits, and income derived from the purchase of personal property without the United States and its sale within the United States.

(b) Purchase within a possession.

Notwithstanding paragraph (a) of this section, income derived from the purchase of personal property within a possession of the United States and its sale within the United States shall be treated as derived partly from sources within and partly from sources without the United States. See section 863(b)(3) and section 1.863-2.

(c) Country in which sold.

For the purposes of Part I (section 861 and following), Subchapter N, Chapter 1 of the Code, and the regulations thereunder, a sale of personal property is consummated at the time when, and the place where, the rights, title, and interest of the seller in the property are transferred to the buyer. Where bare legal title is retained by the seller, the sale shall be deemed to have occurred at the time and place of passage to the buyer of beneficial ownership and the risk of loss. However, in any case in which the sales transaction is arranged in a particular manner for the primary purpose of tax avoidance, the foregoing rules will not be applied. In such cases, all factors of the transaction, such as negotiations, the execution of the agreement, the location of the property, and the place of payment, will be considered, and the sale will be treated as having been consummated at the place where the substance of the sale occurred.

(d) Production and sale.

For provisions respecting the source of income derived from the sale of personal property produced by the taxpayer, see section 863(b)(2) and paragraphs (b) of sections 1.863-1 and 1.863-2.

(e) Section 306 stock.

For determining the source of gain on the disposition of section 306 stock, see section 306(f) and the regulations thereunder.

[Adopted by T.D. 6258, 22 FR 8362, Oct. 24, 1957; republished by T.D. 6500, 25 FR 11910, Nov. 26, 1960.]

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