Joseph D. Specking, et al. - Page 18




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          conditions required for the effectuation of the amendments to old           
          section 931 were not satisfied, those amendments never became               
          effective; therefore, old section 931 continued to be applicable            
          for the years in issue.  Thus, petitioners argue, they may                  
          exclude the compensation they received for services performed on            
          Johnston Island during those years under old section 931.                   
               Petitioners contend further that respondent’s failure to               
          amend section 1.931-1, Income Tax Regs., to exclude Johnston                
          Island from the list of possessions for which section 931                   
          applies, shows that respondent believes that old section 931                
          remained in force for the years in issue.  Petitioners further              
          argue that section 1.931-1, Income Tax Regs., is not inconsistent           
          with the statute because the conditions required by Congress for            
          the effectuation of the amendments to old section 931 have not              
          yet occurred.                                                               
               2.  Respondent’s Position                                              
               Respondent contends that, under TRA 1986 section 1277(a),              
          100 Stat. 2600, the amendments to old section 931 became                    
          effective as to petitioners for taxable years beginning after               
          December 31, 1986.  Thus, respondent maintains, section 931 does            
          not apply to petitioners for the years in issue because Johnston            
          Island is not a “specified possession” within the meaning of the            
          statute.  Sec. 931(c).  Respondent asserts, in effect, that any             
          provision of section 1.931-1, Income Tax Regs., which includes a            






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