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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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