William H. Adair and Patricia Adair - Page 19

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            hire its nationals, assign them to NATO's international staff,                              
            and pay their salaries from its own funds at a scale fixed by it.                           
            By entering into such an arrangement, a member state could still                            
            tax the amounts it so paid its nationals.  The United States                                
            entered into such an arrangement (the London Agreement).  We have                           
            determined that the United States retained the power to subject                             
            its nationals to its taxing jurisdiction by complying with the                              
            mechanism provided in Article 19.  We have also found that                                  
            Article 19 gave the United States the ability to tax U.S.                                   
            nationals, rather than directly imposing the tax itself.  Amaral                            
            v. Commissioner, 90 T.C. 802, 815-816 (1988).                                               
                  Prior to 1981, the relevant language limiting section 911                             
            excludability referred to amounts "paid by the United States or                             
            any agency thereof."  In 1981, ERTA broadened the potential                                 
            section 911 exclusion by narrowing the definition of amounts                                
            excluded from foreign earned income.  Effective for taxable years                           
            beginning after December 31, 1981, ERTA changed "paid by the                                
            United States or an agency thereof" to "paid by the United States                           
            or an agency thereof to an employee of the United States or an                              
            agency thereof".  ERTA sec. 111(a), 95 Stat. 190; Matthews v.                               
            Commissioner, 907 F.2d 1173 (D.C. Cir. 1990), affg. 92 T.C. 351                             
            (1989).                                                                                     
                  Petitioner acknowledges that before the ERTA amendment,                               
            there would have been little doubt that he would not qualify for                            






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