Falstone, Inc. - Page 5




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          TRA 1986 repealed the "inhabitant rule" and required U.S.                   
          corporations that were inhabitants of the USVI to report and pay            
          tax on their worldwide income to the IRS.2  Section 1277(c)(2)(A)           
          of TRA 1986 applied the amendments of section 1275(b) of TRA 1986           
          not only to any taxable year beginning after the effective date             
          of TRA 1986 but also to any "pre-1987 open year."  Section                  
          1277(c)(2)(C) of TRA 1986 defines a "pre-1987 open year" as "any            
          taxable year beginning before January 1, 1987, if on the date of            
          the enactment of this Act the assessment of a deficiency of                 
          income tax for such taxable year is not barred by any law or rule           
          of law."                                                                    
               Respondent determined that 1984 and 1985 are "pre-1987 open            
          years" within the meaning of section 1277(c)(2)(C) of TRA 1986              
          and, accordingly, contends that petitioner is required to pay tax           
          to the United States on its worldwide income during those years.            
          Petitioner does not dispute respondent's position with regard to            


          2    The Tax Reform Act of 1986, Pub. L. 99-514, sec. 1275(b),              
          100 Stat. 2085, provides:                                                   
                    SEC. 1275(b) Clarification of Treatment of Virgin                 
               Islands Inhabitants.-–Subparagraph (B) of section                      
               7651(5) (relating to the Virgin Islands) is amended to                 
               read as follows:                                                       
                         (B) For purposes of this title, section 28(a)                
                    of the Revised Organic Act of the Virgin Islands                  
                    shall be effective as if such section 28(a) had                   
                    been enacted before the enactment of this title                   
                    and such section 28(a) shall have no effect on the                
                    amount of income tax liability required to be paid                
                    by any person to the United States.                               





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