Joseph D. Specking, et al. - Page 17




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          maintain that such condition precedent to the effective date of             
          TRA 1986 section 1272(a) has not been fulfilled inasmuch as only            
          American Samoa has effectuated a tax implementation agreement               
          with the United States.  Tax Implementation Agreement Between the           
          United States of America and American Samoa, 1988-1 C.B. 408.13             
          Petitioners further assert that there is no evidence that the tax           
          implementation agreement executed by American Samoa and the                 
          United States fully satisfies the requirements of TRA 1986                  
          section 1271(b).  Hence, petitioners maintain, since the                    


               12(...continued)                                                       
               Islands only if (and so long as) an implementing                       
               agreement is in effect between the United States and                   
               such possession with respect to--                                      
                         (1) the elimination of double taxation                       
                    involving taxation by such possession and taxation                
                    by the United States.                                             
                         (2) the establishment of rules under which                   
                    the evasion or avoidance of United States income                  
                    tax shall not be permitted or facilitated by such                 
                    possession.                                                       
                         (3) the exchange of information between such                 
                    possession and the United States for purposes of                  
                    tax administration, and                                           
                         (4) the resolution of other problems arising                 
                    in connection with the administration of the tax                  
                    laws of such possession or the United States.                     
               13Representatives for the Government of American Samoa                 
          signed the tax implementation agreement on Dec. 10, 1987, and the           
          representative for the Government of the United States signed it            
          on Jan. 7, 1988.  The tax implementation agreement generally                
          became effective as of Jan. 1, 1988.  Tax Implementation                    
          Agreement Between the United States of America and American                 
          Samoa, 1988-1 C.B. 408, 411.  Although the United States and Guam           
          entered into a tax implementation agreement, Tax Implementation             
          Agreement Between the United States of America and Guam, 1989-1             
          C.B. 342, that agreement is not yet effective.  Treasury News               
          Release NB-1077 (Dec. 27, 1990).                                            





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