22 between the United States and an international organization. Trans World Airlines, Inc. v. Franklin Mint Corp., 466 U.S. 243, 253 (1984); Sullivan v. Kidd, 254 U.S. 433, 439 (1921). They are not laws by which a nation imposes a tax on its citizens. An examination of existing law and the facts herein is required in light of the ERTA change. The conference report accompanying ERTA states: The bill extends the benefits of the exclusion to individuals who receive compensation from the U.S. or any agency thereof, but who are not employees of the U.S. or any agency thereof. Thus, for example, the bill extends the exclusion to certain overseas independent contractors and teachers at certain schools for U.S. dependents who are not employees of the U.S. or any agency thereof. [H. Rept. 97- 215 (1981), 1981-2 C.B. 481, 486.] Respondent argues that petitioner is not a member of the protected class carved out by the ERTA amendment as he is not an independent contractor. Respondent further argues that as petitioner is an employee, he is not an intended beneficiary of the amendment and should not be eligible for the section 911 exclusion. The conference explanation does not limit the exclusion to independent contractors and teachers but merely provides examples of beneficiaries of the legislation. Although the most obvious beneficiaries of the amendment may be independent contractors, the language of the amendment speaks for itself, and we cannot determine from the legislative history alone that petitioner was not an intended beneficiary of the amendment. The legislation clearly extends the benefits ofPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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